What are squatting laws and can you fight them?
- A Los Angeles woman was escorted after squatting at an Airbnb
- Some states allow a squatter to take possession after five years of residence
- In other states, you may wait as long as 30 years
(NewsNation) — The recent case of police escorting a woman out of a Los Angeles Airbnb guesthouse where she squatted for a year and a half without paying rent serves to highlight the issue of squatting laws.
Squatting is generally defined as inhabiting a building or piece of land where a person doesn’t have the legal right to be there.
Unlike trespassers — who break into a piece of property through some form of illegal entry — squatters do generally have some rights. Those rights differ in each state.
In California, where the Los Angeles case occurred, someone can claim the title to a piece of property thanks to the state’s adverse possession laws. In that state, the person has to be continuously residing on a piece of property for five years to do that.
But some states, the amount of time before someone can use an adverse possession law requires someone to stay on a piece of property much longer. In New Jersey and Louisiana, it takes 30 years.
If you’re a landlord who does have a tenant who is refusing to leave, your best bet is to file a lawsuit. If a judge rules in your favor, a judge will order police to evict the tenant from your property.