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• A stranger moved into my vacant house
• My tenant’s lease ended and they won’t leave
• A guest or family member won’t leave
• They showed a lease from someone else
• I rented from someone who wasn’t the owner

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State laws verified October 31, 2026. 28 states have enacted anti-squatting laws (NAA, 2026). Not legal advice.

Squatter, Trespasser, Tenant, or Guest? Why the Label Decides Everything

The label decides everything because each one sends you down a different legal path, with different paperwork and a different answer to "can police act?"

Police and courts sort people by legal posture. A trespasser is treated as committing a crime now. A holdover tenant is in a landlord-tenant dispute. A guest or relative was invited in. A squatter sits between: no lease, but a claim to be living there.

That is why officers struggle with these calls. One of their hardest questions is whether a case is criminal trespass or a civil housing dispute, and a lease on the table makes them hesitant to act without a court order.

Some occupants are wrongly labelled squatters, including real tenants and scam victims. The process rules below exist partly to protect them too.

Stranger in a Vacant Home: The Unauthorized Occupant

Police can act when the trespass is fresh and your proof of ownership is clear, but they often step back once someone shows papers or says they live there.

Officers can always take a report, check ownership, and arrest for trespass, vandalism, theft or other crimes they can see. The new fast-track statutes in Florida, Texas and South Carolina state this directly.

When they say "it's a civil matter," they usually mean the person has a plausible claim of tenancy or a document, and the officer cannot tell whether it is real. A court, or a statute with defined conditions, settles that question.

What moves a case toward action: a recorded deed or tax bill, your ID, dated photos, a documented direction to leave, and a report number. Bring them to the first call.

If anyone is in danger, or someone is inside a home you live in and you feel unsafe, call 911.

The 2024–2026 Anti-Squatting Laws, State by State

Since 2024, several states have given owners a faster path, some through the sheriff and some through a quick court order, and most of them carve out tenants and family.

The National Apartment Association counts 28 states with laws addressing squatting as of July 2026. The table below lists only states we verified against statute or bill text on October 31, 2026.

Florida: the conditions, exactly

Florida's sheriff removal under Fla. Stat. §82.036 (HB 621, effective July 1, 2024) is conditional. All eight must be true:

1. You are the property owner or authorized agent.
2. The property includes a residential dwelling.
3. The occupants entered unlawfully and remain.
4. The property was not open to the public when they entered.
5. You have directed them to leave.
6. They are not current or former tenants under a written or oral rental agreement.
7. They are not immediate family members.
8. No litigation about the property is pending between you and a known occupant.

The law also created penalties for false lease documents and for unlawful occupancy that causes $1,000 or more in damage. A 2025 amendment (ch. 2025-112) adjusted the complaint requirements and added a similar remedy for commercial property.

Texas: two laws that do different things

S.B. 1333 (effective September 1, 2025) lets an owner submit a sworn complaint to the sheriff or constable to remove an unauthorized occupant, and it created new crimes for false lease documents. S.B. 38 (for eviction suits filed on or after January 1, 2026) speeds up court evictions, with trials set between the 10th and 21st day after the petition. A tenant whose lease ended is still an eviction.

Georgia, New York, Oregon and South Carolina

• Georgia (2024): a citation plus a three-business-day document test, a hearing within seven days if documents are shown, and an affidavit track. Later follow-up bills were considered, and we found no sign they were enacted.
• New York (2024): RPAPL §711 now says a tenant does not include a squatter. It changes who counts as a tenant; it does not create police removal.
• Oregon (2026): HB 3522 allows a court eviction on 24 hours' written notice. The bill text gives police no removal authority.
• South Carolina (June 30, 2026): Act 252 creates a petition process with an ex parte order and a hearing within 24 hours of filing unless good cause shows a delay.

North Carolina (December 1, 2025), Arizona (2026) and Illinois (January 1, 2026) are in the table too. Many other states acted; if yours is not here, it has not been checked yet.

Worked example: an inherited, vacant house in Florida

Strangers moved into your late relative's vacant house three weeks ago. They show a lease "signed" by someone else. Here are the eight Florida conditions, one by one.

1. Owner or authorized agent. Depends on the estate. The sheriff verifies you are the record owner or agent. If the estate is still in probate, ask the estate's attorney who qualifies. Bring: the recorded deed or the court papers showing your authority, and your ID.
2. Residential dwelling. Met: it is a house. Bring: the county property record.
3. Unlawful entry, still there. Met if no one with authority let them in. Bring: a short statement and a list of who had keys. The statute sets no minimum or maximum time.
4. Not open to the public when they entered. Met if the house was locked and closed. Bring: dated photos. If it was listed for sale with open houses, be ready to explain.
5. You directed them to leave. Not met until you do it and can prove it. Do: give a dated written notice and keep proof of delivery.
6. Not current or former tenants. This is the crux. The complaint form has you swear that any lease they produce is fraudulent. If anyone with real authority (an heir, the estate's representative, a manager) ever agreed to rent to them or took money, stop and see an attorney. Bring: a copy of the lease, deed records showing the signer was not the owner, and records showing no rent reached you or the estate.
7. Not immediate family. Met if they are strangers. Bring: any ID you have for them.
8. No pending litigation. Met if no case exists. Check the county court records before you file.

If all eight hold, you complete the verified complaint, attach a government ID, and submit it to the county sheriff. The complaint is signed under penalty of perjury, and a wrongful removal can cost you triple the fair market rent plus fees. If any condition fails, file for eviction or ejectment and call a Florida attorney.

When You Still Need a Court

You still need a court whenever the person is a tenant or relative, a lease or case is disputed, a condition fails, or your state has no verified fast-track law.

Two kinds of case matter. An eviction is the landlord-tenant possession case. Ejectment is the broader civil action to recover land from someone who is not a tenant; Oregon's 2025 law moved squatters out of that slower track.

The steps are usually the same shape: a written notice your state requires, a complaint, service on the occupant, a hearing, a judgment, then a sheriff or constable carries out the order.

Formal timelines live in our guide to how long you have after an eviction notice. Talk to a local landlord-tenant attorney before you file.

Former Tenant Who Won't Leave (Holdover)

A tenant whose lease ended is a holdover tenant, not a squatter, and needs a court eviction.

The fast-track laws say so themselves. Florida, Texas, South Carolina and Arizona exclude current and former tenants. North Carolina excludes holdover tenants by name, and Oregon's squatter definition excludes a tenant holding over.

Be careful with money. Taking rent after the lease ends may support a claim of a new tenancy in some states. Get advice before you accept or return any payment.

Use the court process in the eviction notice guide.

A Guest or Family Member Who Won't Leave

A guest or family member who won't leave is almost always a court matter, because fast-track laws cover people who entered without permission and exclude immediate family.

Florida, Texas, South Carolina and Arizona each exclude immediate family. South Carolina's petition also requires that the person was not a guest or otherwise authorized.

The usual path: withdraw permission in writing, keep proof of delivery, then file the eviction or ejectment case your state uses. Treat any payment from them carefully.

If there is any threat, violence or fear for safety, call 911 first. Everything else can wait for the attorney.

"They Showed Me a Lease": Fake Leases

A lease signed by someone with no right to rent your property does not make the holder your tenant, but it does make police hesitate.

Don't argue with the document. Ask for a copy, compare the signer's name with the deed records, note any payments and who received them, and hand everything to police and your attorney.

States now penalize the paper. Florida makes giving a false lease to detain property a first-degree misdemeanor and fraudulent renting without title a first-degree felony. Texas S.B. 1333 makes a false lease or deed to enter or remain a Class A misdemeanor.

The holder may also be a victim. See the scam-victim section.

The "30-Day" Myth

There is no national 30-day rule that turns a squatter into a tenant or an owner.

The idea likely grew from New York, where RPAPL §711 counts a hotel or rooming-house occupant of 30 consecutive days as a tenant and §768 protects occupants who have lawfully lived in a dwelling that long.

In 2024 New York amended §711 to say a tenant does not include a squatter. A later proposal to raise 30 days to 60 is only a proposal unless enacted, and we found no enactment.

Ownership claims run on years: in the states we verified, the shortest tracks are 3 years (with title or color of title) and the longest is 30 years in New Jersey.

Adverse Possession: Can They Actually Take Your House?

Adverse possession can transfer ownership only after a statutory period and a list of elements, and it rarely succeeds against an owner who acts.

The elements generally are actual, open and notorious, exclusive, hostile (a claim of right), and continuous possession. Permission from the owner defeats "hostile," and renters generally cannot claim the property they rent.

Some states add paying property taxes or holding color of title (a document that looks valid but is legally defective). Oregon requires an honest, reasonable belief of ownership and clear and convincing proof.

Florida's no-instrument track also requires a filing with the property appraiser, and occupying a residence solely under a claim before filing the return is trespass under Fla. Stat. §810.08.

A state missing from this table is not a state without adverse possession law. It just has not been checked against statute text here. Several rows give only the time limit to sue; the elements then come from court decisions.

Why it rarely works. The claimant must hold the property openly, continuously and against the owner for years. A written notice, a police report or a filed case shows the possession is contested and breaks the pattern the claim needs.

What Never to Do: Self-Help Evictions

Changing locks, cutting utilities or removing belongings to force someone out can expose you to civil and criminal liability in many states, so don't.

• New York: RPAPL §768 makes unlawful eviction a class A misdemeanor, with civil penalties of $1,000 to $10,000 per violation, and lists force, cutting essential services, and changing locks without giving a key.
• Florida: a person removed wrongly under §82.036 can recover damages equal to triple the dwelling's fair market rent, plus costs and attorney fees.
• South Carolina: a person removed without just cause can recover $1,000 in statutory damages, actual damages and costs.

We do not know of any state that allows self-help eviction, and we state none here. Whether a particular occupant is protected is exactly the question a court answers, not you.

Don't confront the person, either. If it turns tense, step back and call the police.

What You Can Do Legally Right Now

You can build your file, call the right people, and start the right legal process today.

1. Call the police non-emergency line with proof of ownership, and ask for an incident number.
2. Give a dated written notice to leave and keep proof of delivery. Several fast-track laws require that you directed the person to leave.
3. Check whether your state has a fast-track law and whether every condition is met (use the checker above).
4. If it is civil or no fast-track applies, file for eviction or ejectment and talk to a local attorney.
5. Don't accept money from the occupant without advice. It can change the path.
6. Tell your insurer if the home is vacant.

Evidence checklist (copyable)

• Proof of ownership (deed, tax bill)
• Your ID
• Utility account records in your name
• Dated photos of the property before and after
• Written notice to leave (a copy and how it was delivered)
• Police report or incident number
• A copy or photo of any lease they show
• Neighbor statements with dates
• Receipts for any damage

If You Rented From a Fake Landlord

If you paid someone who wasn't the owner, you are likely a fraud victim rather than the real owner's tenant, but any notice or court paper still needs a real response.

The FTC says scammers often copy real listings and post them with their own contact details. Since 2020 consumers have reported nearly 65,000 rental scams, with roughly $65 million in losses.

Your remedy for the money is against the scammer. Stop paying, keep every message and receipt, report to local police and the FTC, and dispute the payment with your bank or card. See our Zelle scam refund guide.

Don't ignore a notice. The processes above often include a hearing: in the verified table, South Carolina within 24 hours of filing, North Carolina within 48 hours of service, and Georgia within seven days once documents are submitted. Get legal help.

Critics note these laws must be written so real tenants are not treated as squatters. If your issue is a real tenancy, see the deposit guide or the junk fees guide.

Damage, Insurance, and Getting Costs Back

Whether squatter damage is covered depends on your policy's vacancy clause and how it words vandalism and malicious mischief.

The standard HO-3 form excludes vandalism and malicious mischief, and glass breakage, when the dwelling has been vacant more than 60 consecutive days. Older editions used 30 days. The 2022 edition says a dwelling being constructed, remodeled, renovated or repaired is not considered vacant.

Texas's standard HO-3 is different: Coverage A is suspended 60 days after the dwelling becomes vacant. Read your actual policy and ask your insurer in writing. See non-renewal and hidden coverages.

To recover costs, document damage and keep receipts. In South Carolina the court can order repair costs after a hearing, and in Georgia a magistrate may award fair market rent for the occupancy. Smaller claims go through small claims court, and collecting the judgment is its own step.

How to Protect a Vacant Property

Protect a vacant property by making it look lived in, checking it often, and keeping your insurance in line with how long it sits empty.

Inherited homes are frequent targets. If you share an inherited house, see inheriting a house with siblings and small estate affidavit limits for who can act.

Vacant-property prevention checklist (copyable)

• Visit or have someone check weekly, and vary the times
• Post "No Trespassing" signs where your state's trespass law gives them weight
• Keep lights on timers and keep the yard maintained
• Secure all entry points, and change locks after a tenant leaves
• Tell neighbors how to reach you
• Check your homeowners policy's vacancy clause
• For inherited homes, secure the property right away
• Watch for fake rental listings of your address

FAQ

Quick answers to the questions owners ask most.

Sources and Statutes

Sources:

• NAA: Anti-Squatting Legislation, NAA: Anti-Squatter Legislation Continues Momentum, and A&E report of NAA's July 2026 count of 28 states
• Fla. Stat. §82.036, ch. 2024-44, ch. 2025-112
• Texas S.B. 1333 bill analysis, USFN on S.B. 38 and S.B. 1333, Governor's release
• Oregon HB 3522 (enrolled)
• S.C. Code Title 27, Ch. 37
• N.C. S.L. 2025-88
• Arizona S.B. 1426 (ch. 69)
• Illinois S.B. 1563
• Georgia HB 1017
• N.Y. RPAPL §711, §768, NY Attorney General guidance on unlawful evictions
• Adverse possession: the statute links in Table 3, and Cornell LII on the elements
• FTC consumer alert on rental scams and report on the FTC's 2025 analysis
• PropertyCasualty360 on ISO HO 00 03 03 22
• TNND fact check on anti-squatting laws
• Your state attorney general and court self-help center for eviction and ejectment forms

Last updated: October 31, 2026. State entries are re-verified quarterly.

Disclaimer: This is general information, not legal advice. Squatting and eviction laws vary by state and locality and are changing quickly. State entries were verified on October 31, 2026. Consult a licensed attorney in your state and contact local law enforcement.