Squatters Rights in Louisiana and Adverse Possession Law 2024

While we’ve all heard the term “squatters rights” before, it’s one that’s often used incorrectly – or at least one that’s generally misunderstood. How often have you been on vacation and thought, “if I just stay here, they won’t be able to kick me out due to squatters rights?” The reality is, as you might guess, much more complicated than that. Squatters rights do refer to taking ownership of a property after occupying it for a specific amount of time, however the guidelines dictating how and when that happens can take some parsing.

When it comes to invoking squatters rights, Louisiana has very specific guidelines to the process. It can take years to invoke and be legally recognized and there are currently laws making their way through the state legislature that could impact how it all works. In this guide we’ll be reviewing squatters rights in Louisiana.

Key Takeaways

• Louisiana states that squatters must successfully make a claim for adverse possession to claim their rights. This requires several steps and a legal process.
• For landlords, keeping squatters from taking possession of a property is essential to securing their long-term investment. For tenants, following the lease as written will help them avoid potentially being accused of squatting by a property owner.
• TurboTenant features lease tracking, tenant communication tools, and rent tracking to prevent a legal tenancy from devolving into a squatting claim.

Squatter Rights Vs Adverse Possession in Louisiana

Louisiana landlord-tenant laws outline how Louisiana squatters rights and the concept of adverse possession works in practice.

A squatter is someone who takes up residence on a property that they do not own and without the owner’s permission. For a squatter to make a legal claim on a property that they don’t own, they need to prove something called “adverse possession.” And in order to establish adverse possession, Louisiana law states that the squatter must prove the following conditions:

• Continuous possession: The squatter must live on the property, without interruption, for a set period of time. In Louisiana, this period is 30 years, 10 if the person occupying the property has color of title.
• Open and notorious possession: Possession of the property should be clear and obvious, not hidden or secretive.
• Exclusive possession: The property must be occupied only by the party subject to the adverse possession claim and not the property owner or the public.
• Actual possession: The squatter physically occupies the property in question.
• Hostile possession: The possession is without the permission of the owner.

Once a squatter believes they have met the criteria for adverse possession, they can file a lawsuit and begin the process to take possession of the property under the current law. However, a new law passed in Louisiana may have a significant impact on how adverse possession and squatting is handled, which we will discuss in the next section.

Louisiana Laws on Squatters

Louisiana squatters laws are found in the Louisiana Civil Code, Articles 3486 to 3492 which contains most of the guidelines surrounding what does and does not qualify as adverse possession, and what might make a squatter a trespasser (or vice versa). Additionally, Louisiana Civil Code 742 dictates that a squatter must occupy the property for 30 consecutive years, but only 10 if they have color of title.

Color of title suggests that someone has ownership of a property in a non-traditional way, but does not have the legal title or deed to the property. This can happen in a few ways. In Louisiana, color of title refers to a document that appears to be a legitimate claim to a piece of land, but due to a title defect, cannot transfer or convey ownership. This usually occurs for parcels of land or properties that have been unoccupied previous to the squatter taking possession where a legal title or deed is not immediately obvious.

Due to the rise in people claiming squatters rights, Louisiana has passed a new law which went into effect in August 2024 to make claiming squatters rights more difficult. The Louisiana Squatter Prevention Act adds the act of squatting to the definition of simple burglary, as long as the squatter intends to claim the property.

Squatter vs Trespasser

It might seem like there is a fine line between the definition of a squatter and a trespasser, but there is a distinction between the two parties, with the biggest differences stemming from length of stay and intent.

A squatter occupies a property that they do not own, rent, or have legal permission to use. But they intend to stay on the property for an extended period of time with the ultimate goal of claiming ownership through adverse possession.

A trespasser will enter or remain on a property that they do not own, rent, or have legal permission to use, but the intent is only for a short-term occupation. Trespassers do not intend on making a claim of ownership and will often hide their presence. This is unlike squatters who must maintain a clear and obvious occupation of the property to parties off-property to be able to make an adverse possession claim.

How Squatters Can Legally Claim Property in Louisiana

For someone to claim squatters rights, Louisiana requires them to meet the criteria for adverse possession (also known as acquisitive prescription). If they’re able to do so, they can file a claim with the court to take full possession of a residential property. Though they are not required to have paid property taxes during this period, doing so could increase their case before a judge.

To win an adverse possession case, the squatter needs to prove a number of things beyond just the five types of possession we’ve outlined above – continuous, open and notorious, exclusive, actual, and hostile.

The first step is for a squatter to gather as much physical evidence as possible to their claim, like presenting mail addressed to them at the target property, property tax receipts, or proof that they’ve physically improved the property. At that point they will file a “quiet title” claim, which is a claim for adverse possession in the court. The squatter will present their case in front of a judge with the legal property owner present, who will then decide if adverse possession has been established.

Landlord Rights and Responsibilities

Landlords and property owners aren’t powerless when it comes to squatters, though they should proceed cautiously to ensure they’re not breaking any laws themselves during the process or removal of a squatter.

Landlords have the right to remove a squatter, but often will have to do so through a legal eviction process and should not physically remove the squatter themselves. If the person on the property has very recently taken occupancy, it’s possible that the police may remove the person as a trespasser without having to do a formal eviction.

Landlords also have the right to secure the property, which includes changing the locks and securing windows once the squatter has been legally removed. A landlord may also pursue legal damages from the squatter, which could include unpaid rent or repair costs.

As stated above, landlords do have a responsibility to follow the law when it comes to squatters, including evicting the squatter legally and through the court process. Louisiana law does not allow landlords to change the locks or turn off utilities before the squatter has been legally removed from the property.

Tenant Rights and Responsibilities

Tenants also have rights when it comes to either finding squatters on a property in which they reside, or if they’re being accused of squatting themselves by a property owner.

If a squatter has taken up residence alongside a tenant in good standing, tenants can demand the landlord take steps to remove the squatter through a right to quiet enjoyment. Tenants also have the right to defend themselves if they are accused of squatting by forcing the landlord to go through the legal eviction process. This means landlords will have to serve proper notice to the tenant and follow the legal process according to the court.

To avoid any squatting accusations, tenants should make sure they’re following the lease agreement and paying all money owed, when it is owed, to the property owner. Tenants also must leave a property when the lease term has expired, unless there is a prevailing clause in the lease that indicates that they can stay if they continue paying rent on time.

How to Evict Squatters in Louisiana

The process to evict a squatter in Louisiana is essentially the same as evicting any tenant that is illegally occupying a property against the lease terms.

Once a landlord determines that the person on the property is a squatter and not a trespasser, the landlord should serve written notice to the squatter – typically a 10-day notice to vacate if the person occupying the property does not have a written lease. This can be given in person, posted on the door, or mailed. If the squatter does not leave after 10 days, the landlord will file a petition with the court. After a hearing, the landlord will be granted a judgment allowing the eviction which then allows the landlord to obtain a Writ of Possession to take the property back.

Legal Help for Landlords in Louisiana

Luckily landlords don’t have to face squatters by themselves. Aside from just private, legal counsel, landlords can lean on resources from the Louisiana Bar Association, which provides referrals for all sorts of real estate questions.

There’s also the Louisiana Real Estate Commission, whose mission is to “protect the public interest in real estate transactions and other real estate related activities.” They’re a great resource for landlords and property managers that have questions about the intricacies of Louisiana real estate laws.

Preventing Squatter Situations

While there might not be a way to completely guarantee that landlords will never encounter a squatting situation on their properties, there are some things they can do to help ensure they never happen.

Landlords should regularly visit and inspect their properties to make sure that vacant units are vacant and that occupied units are occupied by tenants that are on the lease, or otherwise allowed to be there. Keeping vacant units safe, locked, and secure can also help to keep trespassers and squatters away from the property.

Using a property management software like TurboTenant can help landlords keep track of the current status of lease agreements and rent payments, which will also reduce the risk that a legal tenancy will result in a squatting claim.

How TurboTenant Can Help

When navigating any aspect of landlord-tenant laws, TurboTenant can be a fantastic partner every step of the way. TurboTenant is the industry-leading property management software that streamlines the rental experience for both landlords and tenants.

TurboTenant features lease templates, including this Louisiana lease agreement and conducts background checks for tenants to make sure you’re renting to the most qualified folks you can find.

With customizable lease and tenant tracking, you can track lease expiration dates, know who’s up to date on payments, and communicate quickly and easily with your tenants. Dealing with a potential squatting situation can feel daunting, but TurboTenant is here to make sure you’re fully prepared for every scenario.

So sign up for a free account today and hand the keys to TurboTenant.

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