Squatters Rights in Idaho & Adverse Possession Laws (2024)

Landlords would be wise to take proper precautions against squatters to avoid the consequences of squatters rights in Idaho.

In some cases, these unauthorized occupants can legally claim property ownership, making removal harder than it would be with mere trespassers. To safeguard their properties, landlords should brush up on their knowledge of Idaho landlord-tenant law, squatters rights, and adverse possession law.

Read on to gain deeper insight on how to deal with squatters legally and effectively.

Trespassers vs. Squatters

While they might seem similar on the surface, trespassers and squatters differ under the law in these crucial ways:

• Trespassers are individuals who enter someone’s property without permission, typically for a short period and with no intention of staying. Law enforcement can usually remove them at a landlord’s prompt request.
• Squatters, conversely, are individuals who enter unoccupied property without permission but intend to live there long-term. Removing established squatters is more challenging and often requires following a formal eviction process.

Legality of Squatting in Idaho

Squatting is generally illegal in Idaho, as it involves occupying property without an owner’s permission. That said, Idaho squatters rights provide for adverse possession claims (which we detail below), allowing squatters to claim ownership over a property if they meet specific conditions.

If the court ultimately denies a squatter’s adverse possession claim, the squatter may face severe consequences, including fines and evictions. Meanwhile, landlords who fight such claims will need the requisite time, energy, and finances.

Swiftly addressing trespassing is a critical first step in preventing squatters from potentially capturing their property. We cannot overstate the importance of removing all trespassers as soon as possible to avoid any potential squatting claims, saving them significant resources in the long run.

Squatters Rights and Adverse Possession Laws in Idaho

Adverse possession is a legal mechanism allowing individuals to claim ownership of a property after occupying it openly and continuously for a specified time. Idaho’s adverse possession laws enable squatters to pursue ownership if they meet legally defined criteria, though these requirements vary from state to state. It’s crucial that the state’s landlords familiarize themselves with the specific conditions of squatters rights in Idaho to avoid legal issues and other headaches down the line.

How Idaho Squatters Can Legally Claim Property Through Adverse Possession

Losing property to a squatter through adverse possession is the worst-case scenario for landlords. Even so, it is an easily avoidable situation. For a squatter to successfully win an adverse possession claim, they must meet the following occupancy requirements:

• Actual Possession: Occupants must be physically present and use the property as an owner would.
• Continuous: The squatter must occupy the property without interruption for the required period.
• Hostile: Occupation must be without the owner’s permission.
• Open and Notorious: The occupation must be obvious, meaning the owner could feasibly discover it.
• Exclusive: Possession has been maintained by a singular party.

Under Idaho law, time requirements for adverse possession used to be as little as 5 years of uninterrupted occupation, but that has since been expanded to 20 years. During that duration, squatters must also pay property taxes.

Each requirement is exclusive, so failing to meet even one disqualifies the squatter’s claim.

Landlord Rights & Responsibilities

Landlords have the right to protect their properties from unauthorized occupants who might eventually claim squatters rights.

That said, landlords are also responsible for staying actively engaged in property management. Regular property inspections, especially for vacant units, are crucial for identifying trespassers or squatters early.

If landlords find unauthorized occupants on their properties, they must follow proper legal procedures to remove them.

Squatters Rights & Responsibilities

While certain individuals have a right to claim property ownership under squatters rights in Idaho, they are subject to stringent qualifying requirements.

Even so, squatters are still responsible for meeting particular conditions under Idaho law, such as property upkeep and regular tax payments, should they wish to establish an explicit right to ownership.

Again, landlords can prevent such an outcome by regularly visiting their properties, securing vacant units, and taking action at the first sign of unauthorized occupancy.

How to Evict Squatters in Idaho

Evicting squatters involves a formal process, which must be completed in specific steps to ensure legality:

• Issue Notice: The landlord should provide a written eviction notice to the squatter, stating that such occupancy is unauthorized.
• File a Formal Complaint: If the squatter does not leave, the landlord must file an unlawful detainer lawsuit with the apposite local court.
• Attend a Court Hearing: The landlord should present sufficient evidence of ownership and the squatter’s lack of permission to occupy the property.
• Obtain a Writ: If the court should rule in favor of the landlord, they can obtain a writ of possession to regain control of the property.
• Enforce Eviction: With a writ ready, a landlord can request police assistance to remove the squatter should they still refuse to vacate physically.

Sometimes, negotiating a cash-for-keys agreement with squatters may be an effective way to expedite their departure without the time and expenses of formal eviction. Although seemingly unappealing, it may save landlords from court fees, lost rental income, and further complications related to reclaiming the property.

Self-help evictions, which involve an owner taking the law into their own hands, so to speak, are prohibited in Idaho and could even lead to legal trouble for the landlord. By adhering to Idaho’s well-defined eviction process, landlords can reclaim their properties while avoiding legal repercussions.

Legal Help for Landlords in Idaho

There are resources available to help Idaho landlords dealing with a squatter. Here are just a few:

• Idaho State Bar Association: Provides referrals to qualified attorneys able to assist in all aspects of real estate and landlord-tenant law
• Idaho Legal Aid Services: Offers legal assistance to landlords who qualify based on income or other criteria
• Office of the Attorney General Landlord Manual: A comprehensive guide designed to help landlords better understand their rights and responsibilities
• EZ Evict USA: Let EZ Evict USA handle eviction on your behalf

Preventing Future Squatter Situations

Landlords can proactively prevent unwanted trespassers from entering and occupying their properties. Here are a few tips we recommend:

• Regularly check in on your property: Visit and inspect properties as much as possible, especially if vacant.
• Properly secure your properties: Heavy-duty locks, reinforced windows, or fencing make entering the property more difficult, discouraging squatters from attempting to occupy it in the first place.
• Install remote surveillance systems: Cameras and motion sensors offer real-time updates, allowing landlords to monitor properties without being physically present. Many systems can alert you of unusual activity, reducing your response time.
• Keep properties well-maintained: Visible upkeep indicates that the property is lived in or actively maintained.
• Enlist the help of neighbors: Cultivating good relationships with nearby property owners or tenants is beneficial. Neighbors who are aware of the property’s typical activity can alert you to any unusual presence or behavior.

How Property Management Software Can Help

Although this article may prove helpful to landlords in Idaho, property management software like TurboTenant can be invaluable in preventing squatting across the U.S.

TurboTenant offers several features that can help, including:

• Unlimited rental advertising, which enables you to reach potential tenants quickly and fill vacancies faster

• A legally binding lease generation tool tailors agreements to comply with unique Idaho landlord-tenant laws.
• A simplified rental application platform helps you collect and sort through applications with ease
• Our sophisticated tenant-screening process allows you to thoroughly vet potential tenants to match with the right renters, avoiding potential issues down the line

These and other features can greatly help landlords manage their properties effectively, reducing the chances of unwanted occupants claiming squatters rights in Idaho.

Sign up for a free TurboTenant account today and let us help with the heavy lifting of property management.

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.

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