Squatters Rights in Vermont & Adverse Possession Laws 2024

As a landlord, the last thing you want is to end up with squatters in your vacant properties. However, if you’re not careful, squatters’ rights in Vermont could make removing unwanted guests difficult.

If a squatter has lived on your property for a certain number of years, they could have a legal right to it through something known as adverse possession.

As a Vermont landlord, it’s important to fully understand Vermont landlord-tenant laws, squatters’ rights, and how to protect yourself from adverse possession.

Keep reading, as we provide all the information you’ll need to protect yourself against unwanted issues with squatters.

Trespassers vs. Squatters

Before we dive into squatters rights in Vermont and how to deal with this unwanted situation, it’s essential to understand the difference between trespassing and squatting. While they might seem very similar, there is a distinct difference.

• Trespassers: Trespassing occurs when an individual enters a property without permission from the owner. Typically, trespassers intend to stay for a short time. It’s usually considered a criminal act.
• Squatters: Squatters, on the other hand, enter the property without the owner’s permission with the intent of living in it for an extended period. This is more of a civil offense.

Vermont property owners should understand that if trespassers aren’t removed quickly, they can become squatters, leading to a much larger issue. If you notice trespassers on your property, contact local law enforcement to have them removed immediately.

Legality of Squatting in Vermont

Squatting in Vermont is considered illegal under the state’s trespassing laws. If you’re found guilty, you could face the following punishments.

• Up to 3 years in jail
• Up to a $2,000 fine
• Or both

As a Vermont landlord, you have enough on your plate to ensure your tenants have a safe, comfortable place to live. Act vigilantly to avoid any potential issues with squatters and avoid legal headaches they may cause.

Squatters Rights and Adverse Possession Laws in Vermont

If you allow squatters to occupy your vacant properties long enough, they could acquire a legal right to the property through adverse possession.

Because laws vary between states, Vermont landlords must understand their state’s regulations to protect their property and avoid unwanted property disputes.

How Vermont Squatters Can Legally Claim Property Through Adverse Possession

The last thing you want as a landlord is to lose your property to adverse possession. However, if you’re not careful, it could happen.

Luckily, squatters in Vermont must meet several requirements before they have a chance of winning an adverse possession case. As long as you monitor any vacant properties, it should be difficult for most squatters to fulfill the requirements.

We read the legal documents specific to squatters’ rights in Vermont and found that squatters must fulfill the following requirements.

• Actual: The squatter must use the property like an owner would. Making improvements to the property could show their actual possession.
• Continuous Occupation: The squatter must reside in the property for at least 15 years. If the occupant leaves the property for a period of time, the statute of limitations resets.
• Hostile: The property owner must not have permitted the squatter to enter the property.
• Open and Notorious: The squatter can not attempt to hide their occupancy on the property. Their occupancy must be visible to everyone.
• Exclusive: The squatter’s occupancy must be continuous through one person and not split between multiple individuals.

If a Vermont squatter fulfills these requirements, they can file a claim with the courts for adverse possession. If you’re up to date on regulations surrounding squatters rights in other states, you’ll notice that Virginia squatters aren’t required to possess a color of title or pay property taxes to win an adverse possession case.

Landlord Rights & Responsibilities

Any Vermont property owner who finds someone living on their property without permission can have this individual removed for trespassing. However, removal must be done through the legal eviction process, which can get expensive.

If you have squatters, you must give them a Notice to Vacate, which provides them 14 days to move out. In the best-case scenario, they will comply without dragging the problem out any longer.

However, if they choose not to leave, you will file an eviction lawsuit against the squatters by filing the necessary paperwork with the Vermont courts.

To avoid the eviction process, you can discuss a potential cash-for-keys scenario with the squatter. This arrangement allows you to pay them an agreed-upon amount of money in exchange for their leaving the property. It might not feel good initially, but it could save you money in the long run.

Squatters Rights & Responsibilities

Since squatting in Vermont is technically illegal, residents do not have any special rights. However, if they have lived in the property for at least 15 continuous years and satisfied the other requirements outlined by the state regulations, they have the right to file a claim for adverse possession.

How to Evict Squatters in Vermont

While having squatters is unwelcome for a property owner, it’s important to understand what you must do if you find yourself in this position. Here are the proper legal steps you will need to take to remove squatters from your property.

• Issue a Notice to Vacate: The first thing you’ll need to do is give your squatters an official Notice to Vacate the property. This notice will give them 14 days to leave without further action.
• File an eviction complaint: If the squatters remain in the property beyond 14 days, you must file an official eviction complaint with the Vermont courts.
• Eviction complaint served to squatters: Once the courts have processed the complaint, the squatter will be served with a notice to appear in court.
• Attend the assigned court date: Both the landlord and squatter must attend the court date to present their cases to the judge. The judge will use this information to decide who has the legal rights to the property.
• File an eviction order: If the judge finds that the squatter doesn’t meet the requirements for adverse possession, he or she will file an eviction order. This order will provide a date by which the squatter must vacate the property.
• Squatter is evicted: Local law enforcement will be called to remove their belongings if the squatter hasn’t left the property by the eviction order’s date.

Instead of going through the costly eviction process, it might be tempting to change the locks or shut off the utilities to force the squatters out. However, this is considered a self-help eviction, which is illegal in most states.

If you go this route, you could face criminal charges and fines. Instead, following the official steps to evict the squatters from your property is best.

Legal Help for Landlords in Vermont

Vermont property owners dealing with squatters have legal resources available to help. Here are a few:

• Vermont Landlord Association: Offers a grant-funded landlord-tenant mediation service to help resolve conflicts.
• Vermont Bar Association: This service helps you locate a lawyer specializing in issues between landlords and tenants.
• Vermont Legal Aid: Offers free legal help with civil cases dealing with housing issues.
• EZ Evict: If you need to evict a tenant, EZ Evict will handle the entire process quickly.

Preventing Future Squatter Situations

If you’re concerned about squatters, it’s important to be proactive to ensure they can’t gain access to your properties when they’re vacant. Here are a few tips you can follow to help protect yourself.

• Stop by regularly: If your properties are local, check on any vacancies frequently. Regular visits will help you avoid any issues early.
• Beef up security: Depending on the neighborhood, you can install metal bars on the windows to prevent squatters from entering. A security system and motion-activated lights can also help deter potential problems.
• Make the property look occupied: The worst thing you can do is make the property look unoccupied. Make sure the lawn is mowed in the summer and the snow is shoveled in the winter. If a neighborhood paper is delivered, ensure the papers don’t stack up at the front of the home.
• Inform the neighbors of the vacancy: Tell the neighbors that the home is vacant. They can be great eyes and ears to ensure no one starts squatting.
• Ask the police to patrol more frequently: Contact your local police department to alert them of the vacant home so they can patrol more frequently.

How Property Management Software Can Help

The easiest way to ensure squatters don’t become unwelcomed guests is to reduce the time it’s vacant. Our free property management software can help find tenants and minimize vacancies. Here’s how:

• Rental Advertising: Locate quality tenants fast and avoid extended vacancies.
• Collect Rental Applications: Accepting your rental applications digitally reduces paperwork and in-person exchanges.
• Screen Rental Applications: Find the highest quality tenants who will make timely rental payments.
• Create Vermont-specific leases: Vermont-specific leases help avoid potential issues with tenants and prevent them from trying to break their lease.

Sign up for TurboTenant today. It’s free and will safeguard your properties with tenants, not squatters.

Squatters Rights Vermont FAQs