Squatters Rights in Iowa & Adverse Possession Laws 2024

Squatters rights in Iowa enable unauthorized residents to live on a property despite not paying rent. These same squatters laws also make it difficult for the original property owner to remove squatters.

However, even worse consequences may follow. After squatters have lived on a property for a certain number of years, they can claim ownership via a process known as adverse possession.

To prevent squatting situations and adverse possession claims, property owners in Iowa must first know the state’s laws on the subject. To help, TurboTenant has created a guide to help you sort out the finer points.

Read on to learn more.

Trespassers vs. Squatters

Trespassing and squatting may seem similar — after all, both trespassers and squatters have entered private property without permission. Legally speaking, though, the two are viewed very differently.

To be considered squatters, people must reside full-time on a property for multiple years with the intent to establish ownership. They cannot have an Iowa lease agreement. Trespassers, however, move on and off of properties or simply use them as storage space. Landlords may contact law enforcement to remove trespassers while removing squatters in Iowa requires a formal eviction process.

As a result, landlords must remove trespassers from their properties as quickly as possible before they can be considered squatters.

Legality of Squatting in Iowa

Under Iowa’s squatters rights laws, squatting is not automatically illegal. Although the term refers to an unauthorized residence upon a property, squatters are entitled to certain rights to move into a property and potentially claim home ownership in the future.

Squatting is not without the potential for legal consequences, however. Landlords may still remove squatters using a formal eviction process, which could lead to charges of trespassing or burglary.

Squatters Rights and Adverse Possession Laws in Iowa

After living on a property for a certain amount of time, squatters in Iowa can claim ownership through adverse possession, even if they have not paid rent to the owner. To successfully file for adverse possession, squatters must be able to prove that their residence on the property meets specific legal conditions.

It’s worth noting that Iowa has some of the nation’s most squatter-friendly adverse possession laws. Although these regulations are similar to those found in other states, Iowa landlords must know the critical legal differences that make it easier for squatters in Iowa to claim property.

How Iowa Squatters Can Legally Claim Property Through Adverse Possession

Losing property to an unauthorized resident via adverse possession would be a massive problem for any landlord. So, property owners in Iowa should be familiar with the requirements for filing for adverse possession.

To claim property ownership in Iowa, squatters must be able to prove that their residence on the property is:

• Hostile: The owner cannot permit the squatter to reside on the property, and it must go against the owner’s rights.
• Open and notorious: The squatter squatter must not conceal their presence.
• Continuous: The squatter’s residence must occur for one to five continuous years, with no substantive periods of absence.
• Exclusive: The squatter must be the only person residing on or using the property during this time, at the exclusion of other squatters and the original property owner.
• Actual: The squatter must physically reside on the property and treat it as an owner might, including making material improvements.

Without proof that their residence on the property fulfilled all of these conditions, squatters likely cannot claim ownership. In many cases, squatters will struggle to provide the required evidence, allowing the landlord to retain ownership.

Adverse Possession Timeline

As mentioned, Iowa squatters rights require squatters to occupy a property for up to five continuous years for adverse possession to succeed. Under IA Code § 560, however, the time required can vary according to these circumstances:

• Five years: Without paying property taxes or making material improvements, a squatter must reside on a property for five years to claim adverse possession.
• Three years: After paying property taxes in full for at least one year, squatters may claim adverse possession after three years of residency.
• One year: After paying property taxes in full and making substantial property improvements during their first year of occupancy, squatters may already claim adverse possession.

These time requirements are also mutually exclusive, so squatters must fulfill the conditions of just one of these situations to claim adverse possession.

If squatters can prove that their residence meets one of the time requirements and all the conditions listed above, they can file a “quiet title” action to grant them ownership of the property under IA Code § 649 if upheld. Iowa is one of the few states with quiet title laws, which allow squatters to easily claim ownership of an “abandoned” property if the original owner cannot be contacted.

Landlord Rights & Responsibilities

Despite the strength of squatters rights in Iowa, landlords also have certain rights. Landlords may evict squatters. They can also keep them out by using security measures such as locks and lighting. Additionally, landlords have the right to contest claims of adverse possession.

On the other hand, landlords also have specific responsibilities in squatter situations. Property owners are responsible for ensuring that their property doesn’t fall into the hands of squatters in the first place, and they must take swift action to remove squatters or trespassers if discovered on a property. Landlords also have to undertake a legal eviction process to do so.

Squatters Rights & Responsibilities

Squatters rights in Iowa grant them the right to a formal eviction process, meaning law enforcement cannot immediately remove them. Squatters also have the right to make a claim of adverse possession after one, three, or five years, depending on the conditions of their residency.

In return, squatters must thoroughly document the ways in which their residency upholds the conditions for an adverse possession case. They must also comply with all legal decisions, including evictions and denials of adverse possession.

How to Evict Squatters in Iowa

Property owners will likely face a lengthy eviction process to remove squatters. So, landlords should take the following steps as soon as possible:

• Gather evidence: Eviction proceedings may lead to a court appearance, so prepare ahead of time by gathering evidence of the squatter’s unauthorized presence on the property.
• Issue a notice to quit: Depending on the exact circumstances of the squatting, that notice could be 30 days or just three. If the squatter is a former tenant, for example, landlords must issue the notice 30 days in advance, but if the squatter conducts illegal activity on the property, the notice can be given just three days in advance.
• File an eviction complaint: If the squatter remains on the property after the time period has ended, landlords may file a Petition for Forcible Entry and Detainer (PDF) with the Iowa Small Claims Court, which will begin the eviction proceedings.
• Serve notice: As part of the eviction lawsuit, landlords must serve notice — by law enforcement, in person, or mail — to the squatter with a copy of the petition and the court date.
• Attend a court hearing: At the court hearing, the landlord and the squatter will present their respective evidence. If the original property owners’ rights are upheld, the court will issue a Writ of Possession that enables the landlord to remove the squatter, typically with assistance from local law enforcement.

Landlords may also offer a cash-for-keys agreement to remove squatters, though this may be costly.

It’s crucial that landlords in Iowa do not attempt any self-help evictions, such as changing the locks or shutting off utilities. Such means are illegal in Iowa and could lead to civil or criminal penalties.

Legal Help for Landlords in Iowa

Landlords in Iowa have several legal recourse options if they discover squatters on their property. Time is of the essence, so landlords should investigate the following resources as soon as possible:

• Iowa Legal Aid: Provides free civil legal assistance as well as online information regarding the eviction process in Iowa
• Justia: Nationwide attorney database that can help landlords locate real estate lawyers in the state of Iowa
• LawInfo: Similar to Justia, this database provides more information on adverse possession attorneys by city

Preventing Future Squatter Situations

Of course, the best way to handle squatter situations is to prevent them altogether. Though squatters rights in Iowa can cause headaches for landlords, taking these steps will often discourage unauthorized residents:

• Install security measures: Installing door locks, security lighting, fencing, and cameras will likely deter squatters.
• Visit property frequently: If nobody is residing on the property full time, visit frequently and watch for signs of trespassers and squatters.
• Ask a neighbor: Ask a neighbor to keep an eye on the property and report any suspicious events.
• Maintain property: Ensure maintenance tasks, like lawn mowing, mail collection, and leaf removal, are up to date to show active use of the property.
• Turn off amenities: If the property is vacant for long periods, do not turn on amenities such as water or power, which could appeal to squatters.

How Property Management Software Can Help

In addition to the tips above, TurboTenant’s free property management software can help landlords deal with squatters rights in Iowa. Our features include:

• Rental advertising and applications to help landlords minimize property vacancies
• Adjustable lease templates to empower property owners, including Iowa-specific rental agreements
• Thorough applicant screenings that will show any previous squatting or trespassing cases
• EZ Evict to simplify the removal of squatters

To learn more about TurboTenant, sign up for a free account. With TurboTenant, you can quickly fill your units and stave off squatters in Iowa and across the country.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Iowa Squatters Rights FAQs