Squatters Rights In Washington State: Key Laws Every Property Owner Needs to Know

Are you a property owner in Washington? If so, you might want to inspect your unoccupied house or building to ensure that no one is staying there. Like in other states, it’s possible for squatters to inhabit the area.

If you find out that squatters have been living in your abandoned property for a long time, evicting them is not just a matter of asking them to leave. You need to be aware of their rights and follow the necessary legal process of removing these settlers.

If this information surprises you, fret not! There are several ways to protect your legal rights and prevent strangers from claiming your property.

Understanding Washington State Squatters Rights

First of all, what are squatters? Squatters are unauthorized tenants who live on abandoned properties without paying lease or rental fees. 

They simply occupy another person’s uninhabited residence without asking their permission. In some cases, they may stay on the property for several weeks while others may occupy the area for years.

While most people associate squatting with nefarious intentions, it’s important to understand that this is a civil issue, and not all squatters should be criminalized. Here are some common reasons why squatting occurs:

• A person needs to take shelter in an abandoned property due to an emergency or an unexpected situation
• The tenants are not aware that the property is owned by someone or that they need permission to stay there
• A neighbor accidentally assumes a claim on adjacent property and pays taxes to maintain it
• There is a mistake with the title deed or the person only has partial documentation to prove property ownership

Squatters vs. Holdover Tenants

Some people also mistake squatters with holdover tenants. From a legal perspective, a holdover tenant is an individual who occupied a property based on a lease agreement but refused to vacate the unit after the contract expired.

If the owner allows them to stay in the unit provided that they still pay rent, they are called “tenants at will.” But since there’s no legal agreement, the landlord can evict them even without prior notice, especially if they want to sell their house with tenants still living in the property.

In case a holdover tenant refuses to leave the home unit after receiving the landlord’s notice, they may face legal detention and be considered a trespasser.

Squatters vs. Trespassers

It’s also crucial to differentiate squatting from trespassing, which is considered a criminal offense. However, a squatter can be called a trespasser if the owner established clearly that they couldn’t occupy the property, yet they didn’t leave. 

Squatters can also be prosecuted if they claim to own a property using illegal documents. However, they are still protected under the law, which means that squatter eviction should undergo a legal process.

Is Squatting Illegal in Washington?

In the United States, squatting is considered illegal. However, state laws give rights to squatters to obtain legal ownership of the property. In Washington state, property owners are not allowed to self-evict squatters in the following manner:

• Forcibly removing their belongings from the property
• Locking the tenants out of the property by changing the locks
• Shutting down electricity and water supply

Any landlord or property owner caught doing these actions without prior notice can face a lawsuit for illegal eviction of Washington state squatters.

How Squatters Gain Legal Ownership Through Property Law

Aside from prohibiting self-eviction, the state of Washington squatters the right to obtain legal ownership of an abandoned real estate property under the Adverse Possession laws.

But what does adverse possession mean? How can squatters qualify for legal ownership?

Adverse Possession is a legal principle in property law permitting squatters to own another person’s property provided that they meet all the criteria and requirements. Here’s what a Washington squatter needs to make an adverse possession claim:

1. Hostile Possession

Any squatter who wants a claim of ownership to lands or real estate through adverse possession must prove hostile possession. However, this doesn’t translate to forceful or violent occupation. The law defines this in three ways:

• Simple Occupation: In this rule, the squatter is not required to know the owner of the property they’re occupying nor obliged to know that it belongs to another individual. They are merely occupying the property.
• Awareness of Trespassing: This second rule defines that the squatter is fully aware that they are occupying someone else’s land or building and have no legal possession of it.
• Good Faith Mistake: Although rarely applied, this means that the squatter is unaware of the legal status of the property they are residing in. For example, they may have made an honest mistake by relying on an invalid deed.

2.  Actual Possession

Squatters in Washington must also show proof that they are currently living and physically present on the property by submitting documents showing any renovation, remodeling, or beautification done on the property.

However, a squatter making an adverse possession claim on any forestland in Washington must make substantial improvements amounting to $50,000 to qualify.

3. Open and Notorious Possession

Another legal requirement for squatters is to make their occupation apparent to anyone. This means not hiding the fact that they have squatted on the property. Anyone, including neighbors and even the landlord who checked the property, must be aware that an unauthorized tenant is living there.

4. Exclusive Possession

Adverse Possession laws also require the occupation to be exclusive, meaning that they should only be the one living on the property. If the authorities find out that they’re sharing the possession with other squatters, tenants, or even the property owner, the claim will be nullified.

5. Continuous Possession

In Washington, squatters have two options to prove continuous possession of the property. First, they could prove that they have been living in the unit for 10 consecutive years. Meanwhile, those who possess a color of title (an invalid document that appears to be a legitimate claim of property ownership) and have been consistently paying property taxes must only show proof of occupation for 7 continuous years.

It should be emphasized that the period of stay must be uninterrupted. The squatter must not leave the property for weeks or months, only to return later to file an adverse possession claim.

Additionally, there is a special rule that could extend the timeframe for filing legal ownership, benefitting property owners. 

Under this provision, squatters with legally disabled landlords, including owners who are underaged, imprisoned, serving the military, or legally incompetent can only request a claim three years after their legal disability status has been lifted.

What You Need To Know About Squatter Eviction in Washington

Squatter eviction in Washington can be done in two ways: filing a lawsuit or asking for police assistance. Here’s what you should know about these two processes:

Eviction By Lawsuit

If you’re a property owner in Washington who needs to deal with squatters, you should be aware of the full judicial process. It’s also worth noting that landlords who are not official property owners can also lawfully evict squatters.

Here’s an overview of Washington’s eviction process:

1. The property owner must send a formal eviction notice to the squatter. Under Washington laws on eviction, there are three possible notice periods, depending on the circumstances:

• A 14-day notice to pay or quit (for nonpayment of rent) 
• A 10-day notice to cure or quit (for lease violations) 
• A 3-day unconditional notice to quit (for committing unlawful business or nuisances)

2. If the notice period expires and they still haven’t left the property, the owner can file a complaint for eviction to the Washington Superior Court. They must show proof of ownership and evidence that the squatters are unlawfully staying on their premises.
3. The court will issue a summons to court to the squatter which will be delivered by the sheriff or other authorized personnel.
4. A hearing will be scheduled where both parties can present further evidence of ownership or claim to the judge.
5. Upon confirming legal ownership, the judge will issue a writ of restitution, which instructs the squatters to vacate the property within a specified date: three days (for nonpayment cases) or five days (for all other cases).
6. If the squatters don’t comply, the sheriff will come to the property and forcibly remove them, including their belongings.

If there are no delays or appeals, the eviction lawsuit process typically takes 2 to 3 weeks to complete.

Note: Police assistance for forced eviction can only be acquired once the formal eviction process is finished and the owner obtains an eviction notice from the court. They can arrest any squatters for trespassing if they don’t cooperate. By law, police officers can’t physically remove squatters without this court order.

Eviction Through Police Assistance 

Unlike other states, you don’t always need to go through the costly and time-consuming process of the eviction process in Washington. It’s possible for both property owners and landlords to evict squatters by directly calling the police.

In this case, all they have to do is provide a declaration form to law enforcement officers. This legal document, however, must contain the following information:

• The person completing the form must be the legal owner or someone acting on behalf of the owner
• The individual occupying the property is not a tenant and has not been in the last year
• The squatter staying on the property is not authorized to do so
• The house, building, or area was not abandoned or open for public access at the time of occupation
• The owner or landlord understands that they can be sued by the squatter for any false statements on the declaration form
• They also understand that the police officers are not liable for the actions resulting from the declaration

Note: This option is only plausible if the person requesting squatter eviction has had no tenant-landlord relationship with the squatter in the last 12 months. If this doesn’t apply, they should opt for a traditional eviction process.

Penalties For Squatting in Washington State

If squatters can’t provide credible evidence to prove that they have the right to occupy a property, they may face criminal charges, including trespassing, breaking and entering, or malicious mischief.

In Washington, criminal trespassing involves knowingly entering or staying in a property without authorization. If a squatter refuses to vacate a property after an eviction notice has been issued by the court, they may serve 364 days in jail and pay fines amounting to $5,000.

In cases where the squatter breaks into a building or property by damaging the locks or through other methods, they can be charged with burglary or malicious mischief. Charges will depend on the extent of damage incurred.

How To Prevent Squatters From Occupying Your Property

Preventing unwanted squatters from occupying your land, building, or house is crucial if you want to sell your property in the future. Here are some helpful tips:

1. Pay Your Taxes Regularly

By paying your taxes yearly without delay, you can secure ownership of your property. Keep a record of all property tax documents so you have concrete proof of ownership in case you need it in the future.

2. Routinely Inspect Your Property

The best way to make sure that squatters haven’t occupied your property is to do a routine inspection. You can opt to visit the property yourself or have a neighbor or friend check the premises and check for any signs of trespassing like damaged locks or broken windows.

You can also ask a property management company to conduct regular house inspections on your behalf.

3. Screen Your Tenants Carefully

If you’re renting out your property, make sure to screen each tenant thoroughly before they move in. Check their background and financial capabilities to avoid issues in the future.

4. Secure All Access Points

To prevent squatters from accessing your land or building, you should make it apparent that it is private property. Use sturdy locks and barriers on gates, doors, windows, and other potential access points. You can also put up a “No Trespassing” sign.

5. Install a Security System

To monitor your property without having to be there, install security systems like surveillance cameras and alarms to alert you of any unauthorized access and suspicious activities.

6. Consider Selling Unoccupied Property To Cash Buyers

If you don’t plan on using your property due to potential damage and old age, consider selling your house or rental building to cash buyers. In this way, you don’t have to worry about squatting issues and constantly monitoring your vacant property.

Key Takeaways: Navigating Squatters Rights and Property Law in Washington

Understanding and navigating squatters’ rights in Washington is imperative for property owners who want to protect their investments. 

Knowing the legal intricacies, including the necessary steps for lawful eviction, can prepare you for possible adverse possession claims.

It’s also important to take proactive measures, such as conducting regular inspections, securing access points, and knowing when to seek legal advice to prevent and resolve squatting-related issues. Stay vigilant and ensure your property remains in your control.

If you need help selling your house with squatters, reach out to us at Kind House Buyers! Contact us today at (253) 216-2497 to learn how!

These findings apply to all cities in Washington, including Seattle, Tacoma, Everett, Yakima, Bellevue, Kirkland, Des Moines, Bellingham, Vancouver, Spokane, and more!