Squatters Rights in Washington & Adverse Possession Laws 2024

No landlord ever wants to deal with squatters. These unauthorized occupants can disrupt rental income, damage property, and even claim ownership of the property through a process known as adverse possession. While these situations are rare, knowing your rights and responsibilities related to squatters rights in Washington is essential.

In this article, we’ll explore Washington’s landlord-tenant laws, squatter rights, and adverse possession laws. In doing so, we’ll reveal the key differences between trespassers and squatters, the legal implications of squatting in Washington, and the steps landlords can take to protect their properties.

Trespassers vs. Squatters

While both trespassers and squatters occupy property without permission, key distinctions exist. A trespasser generally enters a property temporarily and without the intention of staying. In contrast, a squatter occupies a property for an extended period to make it their residence.

Essentially, landlords must address trespassers promptly to prevent them from becoming squatters. By taking timely action, landlords can avoid more significant legal complications and property damage.

Legality of Squatting in Washington State

Squatters’ rights in Washington are generally limited, if any. While squatters have the right to claim adverse possession, it’s a complex legal process that requires meeting specific conditions over a significant period of time.

Plus, most squatters don’t have the right to a formal eviction process in Washington, which we detail below. While some states require landlords to give a specific notice period, typically 30 days, before evicting squatters, the same can’t be said for Washington.

Squatters Rights and Adverse Possession Laws in Washington State

Adverse possession is a legal doctrine that allows someone who has occupied property for a certain period of time, under specific conditions, to claim ownership of that property. Essentially, it’s a way for a squatter to acquire title to land they’ve been using without permission.

In Washington State, as in many other states, squatters can potentially use adverse possession laws to claim property ownership. However, it’s important to understand that these laws are complex and can vary significantly from state to state.

How Washington State Squatters Can Legally Claim Property Through Adverse Possession

Washington State has two types of adverse possession claims: common law and statutory. The squatter must meet specific criteria to establish a claim, including:

• Actual Possession: The squatter must possess and use the property as a property owner would — for example, they cannot use the property merely as a storage space and win an adverse possession claim.
• Open and notorious: The claimant’s use of the property must be so obvious that a diligent owner would notice. This means using the property as the owner would, such as adding structures or landscaping.
• Hostile: Hostile doesn’t mean in the antagonistic sense; instead, the squatter must enter or use the property without the owner’s permission.
• Exclusive: The squatter must be the sole possessor of the property and not share it with others.
• Continuous: The squatter must inhabit the property for the duration required to fulfill the adverse possession law, either 7 or 10 years. The payment-of-taxes statute allows a claimant to gain title after 7 years if they meet certain conditions, reducing it from 10 years if the squatter doesn’t pay property taxes.

Here are the requirements for common law and statutory claims:

• Common law: The claimant must also show that their possession is actual, uninterrupted, and exclusive.
• Statutory: The claimant must show they made their possession in good faith, under claim and color of title, and have paid all legally assessed taxes on the property for 7 years. Color of title is a document that appears to convey title but doesn’t legally do so.

Landlord Rights & Responsibilities

Landlords in Washington State have several rights when dealing with squatters:

• Right to remove: Landlords can fill out the Request to Remove Trespasser(s) form and have squatters removed by the police.
• Right to evict: Landlords generally have the right to evict squatters who occupy their property without permission. They can do this through the legal eviction process, which involves serving a notice to quit and filing a complaint for unlawful detainer.
• Right to recover possession: Landlords can take legal action to remove the squatters from the premises.
• Right to damages: Landlords may be able to recover damages caused by the squatters, such as property damage or lost rent.
• Right to prevent future occupancy: Landlords can prevent future squatting by securing the property, conducting regular inspections, and asking neighbors to monitor it.

Squatters Rights & Responsibilities

Squatters’ rights Washington are generally limited, if any. While the concept of adverse possession exists, it’s a complex legal process that requires meeting specific conditions over a significant period of time.

In Washington, there is no specific notice requirement for evicting a squatter. If a squatter occupies a property without permission, the owner can generally take legal action to remove them without prior notice. While some states require landlords to give a specific notice period before evicting squatters, Washington has no such laws.

How to Evict Squatters in Washington State

As stated, landlords can bypass the traditional civil eviction process and directly involve law enforcement.

RCW 9A.52.105 states that property owners can fill out a form, found in RCW 9A.52.115, to remove unauthorized persons from their rental properties, so long as they do so truthfully. The form clarifies that the property owner is who they say they are, the occupant is there without authorization, and the owner has demanded the occupant leave but has refused, among other truths.

Should the declarant (property owner) lie on the form, they can face legal action and be found liable for “actual damages, costs, and reasonable attorneys’ fees,” as prescribed in RCW 4.24.355.

This expedited process is particularly beneficial for landlords who have previously requested the squatter’s departure and have no recent tenant-landlord relationship. However, if a tenant-landlord relationship existed within the past year, the traditional eviction process remains the appropriate course of action.

Further, self-help evictions are illegal in Washington State. Self-help evictions occur when landlords change locks, remove a tenant’s belongings, shut off utilities, or take any other action to remove a tenant without a court order forcibly.

Legal Help for Landlords in Washington State

Landlords in Washington State facing issues with squatters can find valuable resources to assist them. Whether you need help understanding your rights, navigating the eviction process, or preventing future problems, various online and offline resources are available to support you.

Online Legal Resources:

• Washington State Bar Association: This organization provides information on finding a lawyer in your area and offers general legal resources.
• Rental Housing Association of Washington (RHAW): RHAW offers resources, education, and advocacy for landlords in Washington. They can provide information on landlord-tenant laws, eviction procedures, and more.
• EZ Evict USA: EZ Evict USA is a valuable resource for landlords who need help with evictions. Simply contact EZ Evict USA; they can handle the eviction process for you.

Preventing Future Squatter Situations

Evicting squatters is a worst-case scenario. The best way to avoid squatters is to implement prevention methods that reduce the risk of unwanted guests in your properties. These strategies can protect your investment and minimize potential legal complications.

• Regular inspections: Conduct periodic inspections of the property’s interior and exterior to ensure no unauthorized occupancy has occurred.
• Secure access: Ensure all entry points, including doors, windows, and gates, are adequately secured and difficult to break into.
• Communicate with neighbors: Maintain good relationships with your neighbors, inform them of vacant properties, and encourage them to report suspicious activity.
• Stay informed: Keep up-to-date with local laws and regulations related to landlord-tenant relationships and eviction procedures. This knowledge will empower you to take appropriate action if a squatter situation arises.

How Property Management Software Can Help

While understanding squatters’ rights in Washington is essential for landlords, proactive property management is the best way to prevent such issues. Our free software can help you streamline your rental operations, minimize vacancies, and reduce the risk of squatting.

Here’s what we can do:

• Rental advertising to find tenants quickly and keep properties occupied
• Collect rental applications digitally to streamline the renting process
• Tenant screening to ensure you pick tenants with good rental histories
• Create Washington state-specific lease agreements that protect your rental and deter lease-breaking

Sign up for TurboTenant today. It’s free, and you’ll instantly gain many great resources to help you protect your investment and avoid the legal complexities of dealing with squatters.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Washington State Squatters Rights FAQs