In the world of property management, one issue that landlords may encounter is squatters. While it may seem straightforward, there are legal aspects and complexities that landlords in Toledo need to be aware of. In this article, we will explore the legal definition of squatting, the history of squatting laws, the process of adverse possession, the rights and protections for squatters, the impact of squatting on property owners, and the connection between squatting and homelessness.

Let’s dive in!

Disclaimer: The information provided in this blog does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this blog are for general informational purposes only.

The Legal Definition of Squatting

Squatting refers to the act of occupying a property without the consent of the owner. The key elements of squatting are the absence of a legal right or entitlement to the property and the intention of establishing long term residence. Squatting can occur in residential buildings, commercial buildings, vacant land, and even abandoned vehicles. The motivations behind squatting can vary widely, from individuals seeking shelter to organized groups looking to make a political statement.

At first, squatting may sound an awful lot like trespassing. Although the two concepts are related, they are distinct from one another and differ in key ways. Trespassing, for instance, refers to the simple act of entering a property without permission, whereas squatting is specifically the act of occupying a property without authorization for an extended period of time. Trespassing is also considered a criminal offense which carries a fourth degree misdemeanor penalty in the state of Ohio, while squatting is dealt with as a civil matter.

The History of Squatting Laws

The concept of squatting can be traced back to ancient times when individuals would occupy uninhabited lands to establish their own communities. Over time, governments recognized the need to regulate squatting to protect property rights and prevent social disorder. Squatting laws were enacted to establish guidelines and procedures for acquiring property and dealing with unauthorized occupants.

During the Industrial Revolution in the 18th and 19th centuries, urbanization led to a surge in squatting as rural migrants flocked to cities in search of work. This influx of squatters sparked debates on housing rights and public health concerns, prompting governments to introduce legislation to address overcrowded slums and unauthorized settlements. Modern squatting laws seek to balance the rights of those who utilize property and the need for regulation and clarity of ownership.

The Process of Adverse Possession

One legal concept closely related to squatting is adverse possession. Adverse possession allows an individual to claim ownership of a property they have been squatting on if they meet a certain set of conditions. The state of Ohio outlines the following criteria for claiming adverse possession:

-The squatter occupies the property openly and notoriously without attempting to conceal their presence

-The squatter occupies the property exclusively and does not share it with the owner or anyone else

-The squatter has occupied the property continuously for a period of at least 15 years

-The squatter’s occupation must be hostile to the property owner, regardless of whether the squatter was aware that their occupation was unauthorized

Rights and Protections for Squatters

While squatting is generally considered illegal, there are certain rights and protections for squatters. These rights aim to prevent the unlawful eviction of vulnerable individuals and ensure the basic needs of squatters are met.

For example, in certain circumstances, squatters may be entitled to legal aid, shelter, or social services. Additionally, landlords need to navigate through proper legal channels and follow the appropriate procedures when dealing with squatters to avoid any potential legal ramifications.

If you find yourself in the position of needing to evict a squatter from your property, always be sure to consult an attorney who can help you navigate your specific situation and ensure that the eviction is lawful and enforceable.

The Impact of Squatting on Property Owners

Squatting can have significant consequences for property owners. Not only does it result in unexpected legal and financial burdens, but it can also lead to property damage, unauthorized alterations, and loss of rental income. Landlords may need to invest additional resources, time, and effort into evicting squatters and restoring the property to its original condition. 

Truthfully, the best way to deal with squatting is to prevent it. Measures such as erecting fences, installing alarms and surveillance equipment, and posting no trespassing signs can deter trespassers and help keep your property safe. Working with a Toledo property management company can prove especially helpful if you’ve got a lot on your plate or are frequently out of town. 

Squatting and Homelessness

There is often a link between squatting and homelessness. Some individuals may turn to squatting as a result of limited access to affordable housing options. As a landlord, it is important to be aware of the local resources available to individuals experiencing homelessness and to collaborate with relevant organizations to find long-term solutions that benefit both the community and property owners.

If you discover that someone is residing in your property illegally due to housing instability, you can direct them to the City of Toledo Housing Department or other local organization that provides assistance to vulnerable individuals.

Final Thoughts: Squatters’ Rights in Toledo

As a landlord in Toledo, it is crucial to have a solid understanding of the legal framework surrounding squatters' rights. Knowing the rights of both squatters and property owners will help you to protect yourself and your real estate portfolio. Keep in mind that the best way of dealing with squatting is to prevent it, and that any measures you take towards securing your property will be worthwhile investments.

Need a Toledo property management company to help keep your property safe? Reach out to our local team to find out how our services can deter squatters, increase your property value, and more!