Squatters’ Rights in Massachusetts: A Complete Breakdown
For landlords, squatters’ rights in Massachusetts are essential to know. After all, it’s more than possible you could encounter squatters in your property-owning career. So, let’s go over what squatters are, squatters’ rights, and what you can do to legally remove them.
Main Takeaways
- Squatters are people who illegally stay in your unoccupied property.
- Landlords can prevent squatters by installing security systems, putting warning signs across the property, and other tips.
- Squatters’ rights include the right to adverse possession of your property under certain circumstances, a legal eviction process, a notice to quit ahead of time, and other rights.
Table of Contents
- What is a Squatter?
- Is Trespassing the Same as Squatting?
- How Can Landlords Prevent Squatters?
- What Are Squatters’ Rights in Massachusetts?
- How You Should Handle Squatting as a Landlord
- Notice to Quit Timeframes in Boston, MA
- Actions to Avoid During Evictions
- Why It’s Important to Deal with a Squatter Immediately
- Other FAQs
What is a Squatter?
A squatter can be labeled as anyone who illegally lives in a residence that shouldn’t otherwise be occupied. Boston property management companies like us have seen the following types:
- Anyone who breaks into your property and lives there
- Authorized tenants who stop paying rent during the lease
- Authorized tenants who refuse to leave, even after the lease expires
- Scam victims who respond to fake rental ads by signing a fake lease and paying rent to the swindler
If any of these scenarios occur, it becomes a civil matter that requires a court eviction.
Is Trespassing the Same as Squatting?
You would think squatters are just another word for trespassers, but they are subtly different concepts. Here’s where they differ:
Squatters
Someone is a squatter when they break into your property illegally with the intent to live there. When this occurs, it becomes a civil matter requiring a formal eviction process.
Trespassers
Trespassers are also people who enter your property illegally. However, the difference lies in the motivation. Trespassers break and enter for reasons other than simply living on your property, like robbing it.
Trespassing a property also has different consequences than squatting one. If someone trespasses, they can be arrested and charged with a crime.
How Can Landlords Prevent Squatters?
As a landlord, you’re just one person with many responsibilities. You can’t be at your property all the time, especially if you own multiple ones. Therefore, if you don’t put supports in place, your property could fall victim to a squatter. Luckily, there are a few steps you can take to help minimize the risk of such terrible tenants on your property. Take note of them below.
- Get a reliable property manager to constantly check your property
- Examine the property from time to time for signs of trespassers
- Stick “Private Property,” “24-Hour Surveillance,” or “No Trespassing” signs throughout your property and its exterior
- Avoid applicants with bad rental histories
- Increase marketing to shorten times when your home is unoccupied and available to squatters
- Install a security system that you can watch remotely, like motion sensors and cameras
What Are Squatters’ Rights in Massachusetts?
Surprisingly, people who illegally live in your home have squatters’ rights in Massachusetts. By this, we mean that as long as they haven’t received a formal eviction notice, they can live on your property without your permission.
What’s more, squatters’ rights in Massachusetts allow for something called “adverse possession.” With this legal clause, they can claim legal property possession of a vacant property under certain circumstances. Let’s go through those legal requirements below.
Generally, squatters’ residency must meet these requirements to qualify for adverse possession:
- Continuous Possession–For squatters’ rights in Massachusetts, the squatter must openly occupy the otherwise neglected property consistently for 20 years.
- Hostile Claim– Here, the squatter stays on the property without the owner’s permission. Despite the name, this clause does not necessarily imply violence on the squatter’s part. In actuality, hostile possession may happen because of a good-faith mistake or unawareness that the unauthorized use of the land is trespassing.
- Actual Possession– The squatter must physically be at the property consistently and treat the property as though they own it. They may demonstrate their adherence to this point by showing their improvements to the space, like upgrading the lighting.
- Open and Notorious Possession– The squatter lives on the property openly and visibly, not hiding it from others.
- Exclusive Possession– The squatter is the only one who possesses the property. They don’t share it with other trespassers, tenants, or owners.
Furthermore, you must inform tenants you want them to leave a certain amount ahead of time, avoid removing their belongings without due process, and other rules we’ll get into later.
How You Should Handle Squatting as a Landlord
It may be tempting to immediately act on the issue of squatters. They are the definition of a bad tenant. However, you could get into legal trouble if you do so because it violates squatters’ rights in Massachusetts. Instead, follow the standard protocol and take these steps:
- Call the Police: When you find someone on your property, it’s necessary to distinguish between whether they’re a trespasser or a squatter. Law enforcement can give you the final answer to this. If the person on your property is a trespasser, the police will remove them from the premises. On the other hand, if the person is truly a squatter, the police can let you know and inform you of your next steps.
- Eviction Notice: Next, you must deliver a written, legally binding, well-reasoned notice to order someone to leave your property by a certain day. If they comply, this could be one way to get your tenant to move out without eviction. Even if they don’t leave after the notice period ends, it opens the door for you to go through the next steps.
- File a Civil Claim: Next, you should file a civil claim. This will involve a few procedures, such as writing a complaint, having the court review it, and attending an eviction hearing.
- Authorities Evict Squatters: If you’ve won the court eviction proceedings, the squatter can officially be evicted. Although you may have to pay a small fee, it’s the safest option to let law enforcement remove the squatters.
Also, if the squatter makes an adverse possession claim, a Land Court can settle owner-squatter disputes over who has the title over the land. This unique Massachusetts legal feature could stop the claim in its tracks.
Notice to Quit Timeframes in Boston, MA
In terms of squatters’ rights in Massachusetts, how long in advance you must provide a notice to quit depends on the lease type.
- Ending Because of Unpaid Rent: 14 days, unless the lease states otherwise.
- For Tenancy-At-Wills: 30 days for month-to-month leases.
- For Leased Tenancies: Decided upon the lease terms.
Actions to Avoid During Evictions
There are a few critical squatters’ rights in Massachusetts that you must remember during the eviction process. Stick to these policies:
- Do Not Remove a Person’s Belongings: In evictions, the squatter’s items may be left behind. However, according to Massachusetts law, you must place the squatter’s items in a licensed public warehouse. Furthermore, you should always photograph and document these items (and the state of your property) after an eviction.
- Do Not Try to Do a DIY Eviction: No matter the circumstances, you are required to follow the formal legal process to evict someone. So, if you attempt to do any of the following eviction-style actions yourself, you could be penalized with costly court fees:
- Installing additional locks or changing the locks
- Shutting off the utilities
- Physical or verbal intimidation
- Removing their belongings
Why It’s Important to Deal with a Squatter Immediately
The longer you wait to act on squatters, the more ammunition they have for an adverse possession claim. To boot, it can also come at the following costs:
- Additional or Worse Damage: The longer a squatter stays in your property, the more damage they can inflict on your property.
- Less Occupation from Legal Tenants and More Money Loss: As long as a squatter lives on your property, you cannot sign on a legal tenant. This means you have one less source of rental income. Furthermore, if a squatter leaves damage in their wake, you may need to do repairs, which will delay any new tenant from moving in.
Other FAQs
Let’s settle the score on some common questions landlords may have about squatters’ rights in Massachusetts.
Do These Squatters’ Rights Processes Apply to Government-Subsidized Housing?
Not necessarily. Various kinds of government-subsidized housing have special, more intensive processes that you must follow. In that case, you should consult your partner agency for further steps.
Do I Have to Pay Taxes and Insurance When an Unauthorized Squatter is on My Property?
Unfortunately, yes. As long as you’re the official owner of a property, you are responsible for its expenses.
If the Squatter Gets Injured on My Property, Am I Liable?
Yes, you are.
Protect Your Rentals with Property Management
Finding a squatter in your rental property is any landlord’s worst nightmare. Anticipating and preventing a squatter isn’t easy to do, especially if you own several rentals.
However, hiring your local rental property management team is the perfect way to gain some peace of mind. Their job is to watch your properties like a hawk when you’re not able to. What’s more, they have the training necessary to make sure you comply with the law and stay out of trouble.
On a broader level, Bay Property Management Group offers comprehensive services to ensure your rental business runs smoothly. With BMG, you can feel rest assured that all tenants are thoroughly screened, and only qualified applicants live in your rentals. After all, our goal is to protect your properties while keeping your best interests in mind. So, contact us today and secure your Boston investment.