Squatters Rights in Ohio and Adverse Possession Laws 2024

Squatters rights in Ohio could cause you to lose rental income if you don’t handle it quickly. In addition to lost income, you could be subject to expensive legal fees and other costs associated with going through the eviction process to remove the squatter.

In addition, depending on how well the squatters treat the property, you may have to make property repairs. No one wants to deal with that.

While squatters can be a lot for a landlord to take on, remember that there is such a thing as squatters rights. Ohio allows squatters to make a property claim (adverse possession) assuming they’ve lived on the property for no less than 21 years and meet additional criteria.

In this article, we’ll explore the relevant Ohio landlord-tenant laws, squatters rights, and adverse possession laws in more detail. Read on for all you need to know about squatters in Ohio!

Trespassers vs. Squatters

Trespassers enter a property without permission and don’t stay long. Squatters have decided to make a property their home, often claiming property rights.

If left alone, trespassers could become squatters, which could cost you time, money, and stress. To keep things simple, contact the authorities if you see trespassers so they can remove the trespasser before they become a squatter.

Once they’ve become a squatter, you’ll have to evict them to reclaim your property.

Legality of Squatting in Ohio

Squatting isn’t necessarily illegal in Ohio, but trespassing is, and police can remove unauthorized trespassers.

However, the issue becomes muddied when a squatter refuses to vacate the premises. In Ohio, when a squatter refuses to leave the property, a landlord’s next action is evicting the squatter via a Forcible Entry and Detainer lawsuit.

Squatters Rights and Adverse Possession Laws in Ohio

Adverse possession is another way most people refer to “squatters rights.” Ohio allows squatters to claim property rights through adverse possession, the legal framework squatters use to claim property. Squatters must meet a number of stringent conditions for the claim to succeed.

For example, in Ohio, the squatter must live on the property for 21 years and fulfill five possession criteria, which we get to below. If they satisfy the requirements, the squatter could file an adverse possession claim seeking property control.

Note: Concerning squatters rights after 30 days in Ohio, some people believed that squatters could get property rights after a mere 30 days. However, this is untrue. It requires at least 21 years of continuous living at a property to qualify for adverse possession in Ohio.

How Ohio Squatters Can Legally Claim Property Through Adverse Possession

Regarding adverse possession claims, Ohio makes it hard for squatters to fulfill the requirements. In addition, if you’re keeping a close eye on your unoccupied properties, it should be easy to avoid squatters in the first place. (Learn more about Ohio squatter laws here.)

However, even if you never have to deal with squatters, it helps to stay prepared and know the details, which are as follows:

A squatter has the right to live on someone else’s abandoned or unoccupied property in Ohio and make an adverse possession claim. They also have the right to a formal eviction process. The squatter must meet specific occupancy and time requirements to claim property rights.

Those requirements include occupation that is:

• • Actual: The squatter must demonstrate that they actually possess the property. That could mean improving it in some way, like doing yard work or building a fence.
  • Continuous: Squatters must live at the location without any time away during a 21-year period.

• Hostile: The possession must be against the property owner’s legal interests. 

• Open and Notorious: Squatters cannot hide their presence on the property.
• Exclusive: The squatter must operate the property exclusively, without regular help or use of the property from others or the property owner.

Landlord Rights & Responsibilities

Landlords have many rights and responsibilities when handling squatters. For one, a landlord has the right to file an eviction notice requesting that the squatter leave the property.

But remember, you are responsible for going through the proper legal channels by giving a notice to vacate and filing an eviction lawsuit if the squatter decides to stay. Don’t try to remove them yourself.

Once the squatter is out, you should also take measures to deter squatters in the future (e.g., locking windows, inspecting the property often, changing the locks, photographing any signs of squatting, maintaining the property, etc.).

In addition, landlords should know the applicable Ohio landlord-tenant laws to understand what steps to take next – and what they aren’t allowed to do (e.g., trying to remove the squatter on their own).

Squatters Rights & Responsibilities

Squatters have the right to claim property ownership if they meet all the previously stated criteria. But, Ohio doesn’t make it easy for squatters to claim property, as evidenced by the 21-year occupation rule.

However, they are responsible for leaving the property if they do not win the adverse possession claim. Like landlords, the squatter must know the local landlord-tenant laws and regulations to ensure they always abide by them.

How to Evict Squatters in Ohio

Self-help evictions are illegal in Ohio. You cannot change the locks, shut off utilities, or remove them yourself. If you want to move squatters off your property, you need to evict them.

Below are the steps to follow:

• Provide a 3- to 30-day eviction notice
• If the individual does not leave within that time frame, file an eviction lawsuit.
• Go to court, where the squatter may claim property rights
• Await the court’s decision
• If the court rules in your favor, the Sheriff will remove the squatter on your behalf

Legal Help for Landlords in Ohio

Here are some resources available for landlords dealing with squatters and understanding squatters rights:

• Ohio State Bar Association: Find an attorney to help with your eviction case.
• Ohio Housing Legal Help: Get access to forms, questions and answers, and legal assistance.
• EZ Evict USA: Take the stress out of evicting squatters by letting our partner, EZ Evict USA, handle it on your behalf.

Preventing Future Squatter Situations

While squatting is unfortunate for landlords, there are some things you can do to prevent squatters from occupying your property in the future.

Here are some tips:

• Inspect the property often: If you don’t have time to drive by and keep tabs on the property, ask a trusted friend or neighbor to do it so that you’re always in the know.
• Keep detailed records of property tax payments: While squatters don’t have to possess evidence of paying property taxes, don’t embolden their claim by missing property tax payments.
• Take pictures if the squatter seems to be concealing their presence: One of the requirements to qualify for adverse possession is that the squatter must live there openly, so photographs demonstrating any acts of hiding will help your case.
• Put up no-trespassing signs: It should be clear that neither squatters nor trespassers are allowed on the property.
• Give notice immediately: If you notice any squatters, don’t delay the eviction process, as it can only make things more difficult.

How Property Management Software Can Help

As a landlord, you have a lot on your plate. Let TurboTenant make the process of managing your rentals easier. We are a premier property management software solution that offers multiple features and services to help fill properties and minimize vacancies, preventing squatters.

Some of TurboTenant’s many features include:

• Rental advertising
• Ohio-specific lease generation
• Automated rental applications
• Lease agreements
• Application screening
• Tenant screening

Sign up for TurboTenant today to fill vacancies faster. It sure beats dealing with Ohio squatters rights.

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.

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