Having someone secretly living in your house without your knowledge or permission can be an unsettling and scary situation. There are a few different terms used to describe this unauthorized occupancy of a home:
Squatting
Squatting refers to when someone moves into an unoccupied property or space without the owner’s permission. Squatters often look for abandoned buildings, foreclosed homes, or empty vacation properties to reside in. In many cases, the squatter may break into the property and attempt to take up residence without the knowledge of the property owner. Some signs that a squatter may be living covertly in your home include:
- Belongings, trash, or furnishings that do not belong to you appearing in the home
- Unusual noises or voices coming from the property
- Utilities like electricity or water being used when no one is home
- Damage to locks, doors, or windows
- Unexpected odors from cooking or poor sanitation
If you suspect a squatter may be living in your vacant home, it’s important to act quickly to have them removed through a formal legal eviction process. Squatters can gain certain rights to continue occupying the property if they reside there long enough.
Trespassing
Trespassing refers to when someone enters or stays on a property without permission from the owner. Unlike squatting, trespassing does not require an extended or permanent duration of stay. The trespasser may only sneak onto the property for a brief period of time. Some examples of trespassing include:
- A neighbor or stranger entering the home to steal items or snoop around
- A person using the property as a shortcut to walk through or access nearby areas
- Someone casting for fishing or hunting on private property
- Unwelcome guests who refuse to leave the home when asked
If you find evidence of trespassing, like unknown footprints or missing belongings, you can report the unauthorized access to police.Posting no trespassing signs may also deter future trespassers and strengthen your case if legal action becomes necessary.
Burglary
Burglary refers to illegally entering a home or property with the intent to commit a crime, such as theft. The burglar usually enters through breaking a window, picking a lock, or forcing open a door. Burglary only applies when unauthorized entry occurs – it is different from theft or robbery committed by someone allowed inside, like a house guest. Signs of burglary while you are away from home include:
- Broken glass from a smashed window or door
- Items missing from the home
- Ransacked rooms with disheveled belongings
- Damage to locks, doors, or windows
If you suspect a burglary has taken place, do not enter the home and immediately contact the police. Try not to touch anything inside to avoid disturbing the crime scene and losing potential evidence that could identify the intruder. Burglary is a serious property crime that may escalate over time, so it’s crucial to involve the authorities.
Adverse Possession
Adverse possession involves someone occupying a property without permission for an extended period of time. Unlike squatting, the adverse possessor will occupy the home openly and attempt to maintain the property as if they are the rightful owner. Requirements for successful adverse possession claims vary by state but typically involve:
- Openly occupying the property continuously for 5 to 30 years
- Paying property taxes on the land
- Making visible improvements or changes
- Using the property as a permanent residence or homestead
If another person appears to be adversely possessing your home, it’s important to take legal action quickly. With time an adverse possessor can legally gain ownership, eliminating your property rights.
Unauthorized Subletting
Subletting refers to when a tenant rents out a property to another party, without approval from the landlord. Often the subletter moves in under the pretense of being a guest. Unapproved subletting violates most rental agreements. Signs of subletting without your knowledge as a landlord include:
- Rental payments coming from an unknown third party
- Excessive numbers of packages arriving for unknown persons
- Strangers coming and going frequently from the property
- More cars parked outside than should be
- Unknown persons appearing to do household chores or tasks
If an unauthorized subletter is discovered, they can typically be evicted the same as the original tenant who sublet the property. Landlords need to be aware of subletting, as it can increase risks like property damage or over-occupancy issues.
Criminal Trespass
Criminal trespassing occurs when someone knowingly enters or remains on private property without permission. It moves beyond civil trespassing to a criminal offense when:
- Signs are posted restricting access
- Fences or barriers enclose the property
- The trespasser is personally notified to leave but refuses
- The trespasser intends to commit a crime
Criminal trespass charges are misdemeanors that can result in fines or jail time. Pressing criminal charges against an unauthorized person in your home may be appropriate if they pose a significant risk.
Conclusion
Discovering someone living in your home without permission can be unnerving and feel like an invasion of privacy. There are a variety of terms for unauthorized occupancy depending on the circumstances. Being able to identify signs of squatting, trespassing, burglary, or other unauthorized access is key to removing unwanted residents from your property through legal action. Staying vigilant for unusual signs like property damage or strange odors can help alert you to unpermitted occupants early when they may be easier to evict legally.