Squatters Rights in Washington State Explained: Laws and Eviction Procedures

With a squatting crisis prevailing in the United States, specifically in Washington, legal authorities and homeowners face a huge dilemma. Squatters can’t be evicted by force. They have to go through civil court for due process. 

Does this fact surprise you? If it does, there’s much to know about squatters rights in Washington. From common misconceptions and adverse possession to legal eviction and property owner’s rights, there’s much to clear up about squatting laws.

If you’re a homeowner with unoccupied property, you need to be aware of Washington state squatters rights. With this knowledge, you can uphold your rights without ignoring the legal processes involved. 

What Are Squatters Rights in Washington State?

Squatters have legal rights to the property they occupy. Despite not paying rental fees or adhering to lease terms, they are protected by Washington law. 

While this sounds unfair for homeowners, squatting is a civil issue that needs to be addressed legally. After all, squatters have their reasons for living on someone else’s property.

First off, who is considered a squatter in Washington? A squatter can be defined as an individual residing in a vacant or abandoned residential or commercial space without the owner’s permission.

Some common reasons for squatting include:

• Taking shelter in the property due to unforeseen circumstances
• Not knowing that the property was privately owned or that they needed to ask permission
• Accidental occupation of land by a neighbor who built their property there and pays taxes on it.
• Having a mistake on the deed or only partial documents to prove possession of the property

Due to these circumstances, squatters have the right to stay on the property and be protected from self-eviction by the owner. They can be sued if proven to do these illegal actions:

• Taking out the squatters’ personal belongings from the property
• Changing door locks to keep the squatters from entering the property
• Cutting electricity and water supply from the property

Squatter eviction can be legally done through an eviction lawsuit. However, in Washington, the eviction process could be as simple as calling the police for assistance.

Moreover, squatters and tenants in Washington have the right to claim legal ownership of the occupied property through adverse possession under the Property law. This provision allows them to file for a legal claim after a certain occupation period.

Common Misconceptions About Squatters Rights in Washington

There are several misconceptions about squatters rights in Washington. For the longest time, the act of squatting has been held synonymous with trespassing. 

That’s why it’s important to set a clear distinction between lawful and unlawful squatting.

Squatting vs. Trespassing

Let’s set things straight. Squatting is not considered trespassing. The former is considered a civil dispute while the latter is a criminal offense. 

Moreover, a trespasser is one who enters a property without the intention of staying there while a squatter occupies a property for an extended time to make it their home.

However, a squatter can be charged with trespassing if the owner made it clear that their stay is unwelcomed. They can also face additional charges like forgery in case they use falsified documents to make a claim.

Trespassing charges can be avoided given the following conditions:

• The property is vacant or unoccupied
• The property was occupied due to an emergency
• The property was improved through repainting, cleaning, and other renovations

Squatters vs. Holdover Tenants

Squatters are also sometimes referred to as holdover tenants but they also have some differences. Holdover tenants are those who rented a property but refused to vacate it after the lease expired.

The holdover tenant might be having difficulties finding a new place due to economic reasons or other circumstances. In this case, the landlord can extend their stay and become “tenants at will”.

However, without a contract, they can be evicted without prior notice if necessary, especially if the owner decides to sell their occupied property. 

Additionally, tenants who refuse to leave after receiving a notice to quit may face a lawsuit and become unqualified to file for a claim.

Establishing Legal Ownership Through Squatting in Washington  State

As mentioned, a Washington squatter has a claim of ownership to lands or real estate through adverse possession. But what does this mean? What do they need to make such a claim?

Under Adverse Possession laws, a person who has been in possession of a real estate property for a continuous period without the authorization of the owner can be entitled to legal ownership as long as they meet certain requirements.

Basically, this law aims to achieve a fair resolution after a property owner neglected their real estate while another person lived and cared for it for a long time. Forcing the other person to vacate the property without due process would simply be unjust.

Squatters in Washington can make two types of adverse possession claims: common law and statutory. While the latter is much more stringent in terms of requirements, both share some common conditions, which include the following:

1. The Claim Must Be Hostile

Under this condition, the squatter must prove that they didn’t ask the owner’s consent for occupation. In this sense, the term “hostile” can mean three things:

• The squatter did a simple occupation, meaning that they entered and settled on the property without knowing who the owner was or if it was owned by someone else.
• The squatter is aware of occupying someone’s house, building, or piece of land and that they have no legal claim over it.
• In the case of a statutory adverse claim, the squatter is unaware of the property’s legal status and made an honest mistake by relying on an invalid title or deed for possession. This is also called a “good faith mistake”.

2. The Possession Must Be Open and Notorious

The squatters filing for an adverse possession claim must not hide their occupation of the property. Anyone, including their neighbors and the landlord, must be aware that they live in the house or unit.

3. The Occupation Must Be Exclusive

Another requirement for an adverse claim in Washington is exclusive possession. This means that the squatters living in the property must be the only ones occupying it. If they share it with other squatters or tenants, the claim will not be approved.

4. The Squatters Must Prove Actual Possession

A Washington squatter must also prove that they currently reside on the property by showing documents that reveal all the renovations and beautifications done on the property throughout their occupation.

For those making a claim on any forestland, proof of substantial improvements amounting to $50,000 must be shown. These renovations must also remain entirely or partially on the land for 10 years.

5. They Must Prove Continuous Occupation

In a common law adverse claim, the squatter is required to prove continuous occupation for 10 years. They are not required to pay property taxes or have color of title.

Meanwhile, in a statutory claim, the occupant is only required to prove 7 years of consecutive occupation. However, to qualify, the squatter must possess a color of title and pay the assessed tax value on the property.

Under a special rule, the timeframe for filing an adverse claim can be extended if property owners are legally disabled (still a minor, serving the military, imprisoned, or legally incompetent).

Squatters can only file a claim three years after the owner is considered not legally disabled.

Note: A color of title is a document that serves as proof of good faith to possess a property. It is also known as an “apparent title” since it appears to be a valid title but is actually defective and invalid.

How Squatter Eviction Works in Washington

Unlike in other states, squatter eviction in Washington is a more straightforward process. The owner or landlord can call the police once they find out that there are squatters on their property.

To get police assistance, you must first submit a declaration form as proof of rights to the property. This legal document should specify the following information:

• The person filling out the declaration is the actual property owner, has legal rights to the property, or is acting on behalf of the owner.
• The individual occupying the unit is not a tenant or owner and has not been in the last year.
• The squatter occupying the property is not authorized to do so.
• The house or building was not abandoned or open to the public when the squatter entered.
• The person making the declaration understands that they can be sued if they make false statements and accusations about the rights to the property.
• The individual making the declaration releases law enforcement from any liabilities resulting from the squatter eviction.

Upon submission of the declaration form, the police can’t automatically head to the location and evict the squatters. The squatter must also present credible evidence of their right to be there and submit it to legal authorities.

Moreover, eviction through police assistance is only possible if the owner has had no tenant-landlord relationship with the squatter within the last 12 months. If this is not the case, the eviction process should be done in a superior court.

An eviction lawsuit is a lengthy process that could take up to 2 to 3 weeks but it could take much longer if there are delays or appeals.

If the squatter fails to show credible evidence, they can be charged with several criminal offenses, including trespassing, breaking and entering, and malicious mischief.

The Role of Law Enforcement in Squatter Eviction

Law enforcement plays a crucial role in evicting squatters in Washington. However, their involvement is contingent on the legal process. 

Once the declaration form and the presented evidence of rights by the squatter are evaluated, the results will dictate the required legal action by law enforcement officials.

If the documents submitted by the squatter are not enough to prove their right to remain on the property, the police will remove them from the premises and even charge them with trespassing. Non-compliance can also result in additional charges.

However, if the eviction is done through a lawsuit, law enforcement will only intervene once the property owner has obtained a court order, such as an eviction notice or writ of restitution. This legal document authorizes the sheriff or police to remove the squatters.

It’s important for property owners to avoid taking matters into their own hands.  Forcibly removing squatters without legal approval can lead to penalties. By following the legal steps, they can ensure a lawful eviction process while safeguarding their rights.

Legal Recourse for Property Owners Affected by Squatting

Property owners in Washington have several legal recourses to protect their properties and reclaim possession. 

First, owners can initiate the formal eviction process by filing an unlawful detainer lawsuit in court, which is essential to prove that the occupants are unlawfully squatting. If the court rules in the owner’s favor, an eviction notice will be issued, allowing law enforcement to remove the squatters.

In cases of long-term squatting, property owners may face additional challenges if the squatters attempt to claim legal ownership through adverse possession. 

To combat this, owners must provide evidence of ownership, maintain property boundaries, and demonstrate efforts to prevent squatting. If successful, the owner can regain full control of the property.

For financial losses due to squatting, property owners can also pursue compensation through civil lawsuits. This can include damages for property degradation, unpaid utilities, and legal fees, helping the owner recover from the financial impact of the squatting.

Key Takeaways:  Protecting Your Rights as a Washington Property Owner

Understanding squatters rights and the eviction process in Washington is crucial for safeguarding your rights as an owner. Being knowledgeable of legal options and processes can help you deal with squatters, and prevent long-term squatting and potential adverse possession claims.

Property owners can protect their assets and avoid penalties if they follow proper legal procedures, including submitting a declaration form before getting law enforcement involved.

Staying vigilant, ensuring effective property management, and consulting legal professionals when necessary are essential steps in ensuring your rights as a Washington property owner remain protected.If you want to avoid squatting problems altogether, consider selling your unoccupied property in as-is condition to a cash buyer like Sell My House. With our services, you can guarantee a reasonable price without needing to renovate or restore your house.