Squatters Rights in Virginia & Adverse Possession Laws 2024

Owning rental property in Virginia can be a prudent, if not lucrative, financial investment. However, squatters rights in Virginia can quickly complicate such plans.

If left unchecked to occupy a property without permission, squatters may eventually gain legal standing to claim ownership of your property through a process called adverse possession.

This article will help you understand your rights by describing the broad strokes of Virginia landlord-tenant laws, squatters rights, and adverse possession laws.

Let’s start learning what it takes to protect your investment while complying with the law.

Trespassers vs. Squatters

Though the terms are sometimes used interchangeably, trespassers and squatters are distinct terms with important shades of nuance between them.

• Trespassers are individuals who unlawfully enter a property without permission but typically do not intend to stay long-term. Trespassing is generally viewed as a criminal act and can almost always be addressed with the immediate intervention of law enforcement.
• Squatters, on the other hand, occupy a property without permission but may claim a right to be there after continuous occupation over time. They may even be able to claim ownership of the property, given the fulfillment of specific legal requirements.

Addressing trespassers quickly can prevent them from becoming squatters. Landlords should always act decisively to remove trespassers before their occupation becomes prolonged enough for them to lay claim to ownership.

Legality of Squatting in Virginia

Under Virginia law, squatting is not explicitly allowed, but squatters may eventually meet the conditions necessary for adverse possession.

For landlords, squatting often begins as an illegal act of trespassing. However, once such an individual takes up long-term residence, they may be entitled to due process, given squatters rights in Virginia. This means a landlord cannot use force, threats, or self-help measures (such as shutting off utilities) to evict squatters, even if the squatter is occupying the property unlawfully.

Depending on the circumstances, the potential legal consequences of squatting in Virginia can include fines, eviction, and even criminal charges. Nevertheless, the burden of initiating these processes often falls on the landlord, making it critical to act quickly to remove unwanted occupants while always following the proper legal channels.

Squatters Rights and Adverse Possession Laws in Virginia

Adverse possession is the legal tenet that allows an individual to claim and obtain ownership of another person’s property, given the fulfillment of specific requirements. Squatters in Virginia can seek adverse possession but only under strict conditions.

Still, landlords should always be on the lookout for any unwanted presence on their unoccupied properties. Because adverse possession laws vary from state to state, Virginia landlords must familiarize themselves with their state’s specific laws.

How Virginia Squatters Can Legally Claim Property Through Adverse Possession

Even though adverse possession claims are essentially the worst-case scenario for landlords, their requirements are almost always hard to fulfill. Landlords can easily avoid losing properties by actively managing and regularly inspecting properties.

Under Virginia law, squatters must meet the following occupation requirements:

• Hostile: A squatter’s occupation must occur without an owner’s permission.
• Actual: Squatters must be present and use the property as an owner would.
• Exclusive: The squatter must be the only one to possess and maintain the property.
• Open and Notorious: The squatter must use the property as the actual owner would, without concealing one’s occupancy from others.

Alongside these conditions, squatters must occupy a property for 15 years to have any hope of winning an adverse possession claim. Unlike other states, squatters in Virginia don’t need to pay property taxes to qualify for adverse possession.

And while adverse possession claims are rare, they can have serious consequences for landlords, particularly those who neglect their vacant properties. Regular inspections and property maintenance are the best defenses against such claims.

Landlord Rights & Responsibilities

Virginia landlords always have the right to use the law to remove unauthorized occupants when dealing with squatters on their property.

To avoid attracting squatters, landlords must regularly visit and maintain their unoccupied properties.

Squatters Rights & Responsibilities

Given their status as unauthorized occupants on a property, squatters’ rights in Virginia are limited. That said, landlords must remove squatters via a formal eviction process. Landlords cannot attempt to self-evict them by shutting off utilities or changing the locks, as self-help evictions are illegal.

Squatters have responsibilities that include maintaining the property and its habitability and complying with court orders if a property owner initiates an eviction proceeding against them.

How to Evict Squatters in Virginia

Evicting a squatter follows the same process as all other evictions in Virginia. It entails several steps landlords must follow for a tenant’s removal to be considered legal. Those steps are as follows:

1. Issue a notice to vacate: Provide written notice to the squatter, allowing them to leave voluntarily.
2. File an unlawful detainer action: If a squatter refuses to vacate, the landlord should sue in their local court.
3. Attend a hearing: Evidence is presented in court demonstrating the squatter has no legal right to occupy the property.
4. Obtain a judgment for possession: If a judge rules in a landlord’s favor, they will receive a judgment for possession, allowing them to proceed with eviction.
5. Request a writ of eviction: With a judgment in their favor, landlords must ask for a writ instructing the local sheriff to remove the squatter if they do not vacate voluntarily.

Before initiating a formal eviction, landlords might consider negotiating a cash-for-keys agreement. This involves offering the squatter a monetary incentive to vacate the property promptly and peacefully. While not without risks, it can often resolve the issue faster than going through the court system.

However, property owners should document any such agreement in writing.

Legal Help for Landlords in Virginia

Landlords dealing with squatters can turn to the following resources for assistance:

• Virginia Legal Aid: Helps landlords facing legal issues like trespassing or squatter disputesVirginia State Bar: Offers a lawyer referral service that can connect landlords with experienced attorneys, especially those specializing in squatters rights in Virginia
• EZ Evict USA: If eviction becomes necessary, EZ Evict USA simplifies the process by streamlining document management and court procedures.

Preventing Future Squatter Situations

For landlords seeking to prevent squatters from entering and occupying their properties, there are some actionable, practical steps they can take immediately, some of which include:

• Securing vacant properties by installing sturdy locks, security cameras, and alarm systems.
• Regularly inspecting properties to deter squatters and identify potential issues promptly.
• Installing remote surveillance systems, such as cameras and motion sensors, to monitor properties in real time. These systems can alert you to unusual activity, enabling you to respond swiftly.
• Maintaining properties well to convey that they are actively managed.
• Knowing your neighbors and building positive relationships with them. Neighbors familiar with the property’s usual activities can promptly inform you of any unusual presence or behavior. Engaging local neighborhood watch groups can also provide a layer of vigilance against unwanted occupants.

How Property Management Software Can Help

Using property management software like TurboTenant can significantly assist landlords in efficiently filling vacancies, minimizing the time their properties remain unoccupied and, therefore, susceptible to all that squatters rights in Virginia entail.

TurboTenant provides a comprehensive suite of tools that streamline essential property management processes, including:

• Unlimited Rental Advertising: Landlords can market properties across various platforms, expanding their reach to potential qualified tenants and significantly reducing vacancy times.
• State-Compliant Lease Agreements: TurboTenant’s software generates lease agreements tailored to Virginia landlord-tenant law, ensuring compliance and avoiding legal issues.
• Simplified Rental Applications: The platform’s application management system allows landlords to conveniently collect and review applications, streamlining what can often be tedious.
• Comprehensive Tenant Screening: TurboTenant offers a range of screening options, including background checks and credit reports, enabling landlords to select reliable tenants with a lower risk of defaulting on rent or abandoning the property.

With these tools, managing properties and reducing the risk of squatting becomes easier for landlords. Take advantage of TurboTenant’s free account today to experience the latest technology for peace of mind in property management.

Squatters Rights Virginia FAQs