Squatters Rights Michigan & Adverse Possession Law 2024

Squatting, the act of occupying abandoned or unoccupied property, has steadily risen in the U.S.; its frequency within Michigan is no exception. This troubling trend has no end in sight and has caused countless disputes between landlords and “tenants” in recent years.

While squatting is considered a form of illegal trespassing in Michigan, squatters are often challenging to remove. They can even claim a landlord’s property through a legal process known as adverse possession.

Needless to say, if you’re a Michigan property owner dealing with a stressful squatter situation, it’s best to educate yourself before all else.

Michigan Laws on Squatters

Let’s cut right to the chase:

Squatting is illegal in Michigan. It’s considered a form of trespassing, and there aren’t any special “squatters rights” to speak of.

Trespassing on someone’s property is a misdemeanor in Michigan and can result in a $250 fine and up to 30 days in jail. If a landlord witnesses someone trespassing on their property, they should immediately call law enforcement and alert them to the intruders.

Landlords also have the right to self-help evict squatters or file an eviction lawsuit with the Michigan courts to remove their unwelcome guests. We’ll explore both of these avenues later in the article.

Squatters vs. Trespassers

While some states qualify squatters and trespassers differently, the main difference in Michigan lies within the occupier’s intent. Here’s a simple way to tell the difference:

• Squatters enter a property with the intent of staying there long-term.
• Trespassers enter a property with the intent of staying there short-term.

The only other notable difference between the two is that squatters can legally claim property through a rarely exercised legal process called adverse possession, while trespassers cannot.

Legal Note: Tenants who remain in a property after their lease expires but don’t pay rent are known as holdover tenants and don’t qualify as squatters.

Squatters Rights vs. Adverse Possession in Michigan

As we touched upon earlier, squatters don’t gain any new rights once they decide to trespass on a property in Michigan.

And they certainly don’t gain any legal right to own a property once they decide to squat on it, either. Doing so, while possible, is highly uncommon and will take years of patience, persistence, and luck on the squatter’s end.

If somehow everything works in their favor, squatters can legally acquire property in Michigan through adverse possession. However, properly executing adverse possession and claiming ownership is extremely difficult to achieve and highly unlikely to occur.

How Squatters Can Legally Claim Property Through Adverse Possession

According to the Michigan State Legislature, squatters must first occupy a property for 15 years before they are eligible to claim it through adverse possession. 

They must also demonstrate the following:

• Hostile Occupancy: The squatter must reside in the property without permission from the owner.
• Open Possession: The squatter’s residence must be open and known to others. Hiding within properties while squatting doesn’t qualify.
• Exclusive Possession: The squatter must act as if they are the property owner and exclude others from inhabiting the property with them.
• Continuous Possession: The squatter must occupy the property without interruption for the entire statutory period (15 years).
• Property Taxes.  The squatter must pay the property taxes on the land for 15 continuous years.
• Improvements. The squatter must make valuable improvements to the property, such as renovations, additions, or other improvements that increase its value.

On the off chance that a squatter can demonstrate that they’ve lived at a given property for 15 years and jumped through all of the necessary legal hoops we just discussed, they can file a property claim with the Michigan courts to attempt to obtain ownership.

Legal Note: Claiming property through adverse possession does not apply to government-owned land.

Landlord Rights and Responsibilities in Regards to Squatters

In Michigan, landowners have the right to perform self-help evictions on squatters but are highly encouraged to seek legal advice beforehand. If they decide to evict via self-help, they should initiate the process by issuing a formal trespass notice and demanding that the squatter leave during a given timeframe.

If a squatter doesn’t vacate before the deadline, the landlord has the right to change the locks and turn off utilities at their property (though they must exercise extreme caution to avoid endangering the squatter).

Finally, Landlords cannot physically remove squatters who refuse to leave on their own, so they must follow proper eviction protocols so enforcement can remove them on their behalf.

Squatters Rights and Responsibilities

Special “squatters rights” don’t exist in Michigan, but squatters retain the right as “tenants” not to be forcefully removed from a property by a landlord. They also have the right to exercise adverse possession and claim ownership of a property, though they’ll first need to occupy it for 15 years and fulfill a handful of other hard-to-achieve requirements.

Trespassing squatters must vacate a property upon an owner’s request and are subject to legal recourse if they refuse to do so. They must also follow court-mandated eviction procedures and might be ticketed or jailed if they don’t cooperate.

How to Evict Squatters in Michigan

Evicting a squatter can be tricky, so let’s analyze two options for removing unwanted trespassers: self-help evictions and filing eviction lawsuits.

Self-Help Evictions

Michigan is one of the few states in the US that allows landlords to use self-help evictions to remove squatters. With limitations, landlords can take matters into their own hands to expel unwanted long-term trespassers.

Self-help evictions don’t come without risks, though, so we advise any landlords attempting a self-help eviction to proceed with extreme caution.

Here are some suggestions for a strategic self-help eviction:

• • Document everything in detail: Take photos and notes and gather witness statements. Doing so will demonstrate evidence of trespassing/squatting to the courts if your self-help eviction doesn’t work.
  • Issue a written trespass notice: This notifies squatters that they’re trespassing and that you intend to regain possession of your property after a given timeframe, typically 30 days.
  • Consider changing the locks: If squatters don’t vacate your property before their trespass notice expires, you can change the locks to prevent them from returning.
  • Consider turning off the utilities: You’re also allowed to turn off utilities in an attempt to remove squatters. However, exercise caution when doing so, as turning off essential services might endanger squatters and expose you to legal repercussions.
  • Consider negotiating with the squatter: If all else fails, try negotiating a “cash-for-keys” agreement that compensates the squatter financially if they leave by a given date. While less than ideal, this option is often quicker and less expensive than going to court.
  • Don’t attempt to remove a squatter physically: Doing so is dangerous and illegal and is never worth the risk. If you cannot remove a squatter via one of the above methods, file an eviction lawsuit.

Filing an Eviction Lawsuit

If you’d prefer not to perform a self-help eviction (or if your self-help eviction isn’t working), you’ll need to file an eviction lawsuit through the Michigan courts.

Here’s how:

• Document everything in detail: Take photos and notes and gather witness statements. Doing so will demonstrate evidence of trespassing/squatting to the courts.
• Consider hiring a lawyer: Though typically expensive, a lawyer will help you navigate the court system and give you a better chance of speeding up the eviction process and winning your case.
• File a complaint with the courts: Once you’ve documented sufficient evidence of your squatter, file a complaint with the appropriate court that details the situation and demonstrates proof that the squatter is trespassing on your property.
• Serve the squatter: Once your complaint is filed, a process server will deliver the court summons and complaint to the squatter to ensure they’re notified of the lawsuit and court date.
• Appear in court: You and the squatter will show up in court to present your cases to a judge. After the evidence is analyzed, the judge will make a decision. A judge will issue an eviction order if they rule in your favor.
• Writ of Possession: If the squatter doesn’t vacate by the eviction order’s deadline, you can request a Writ of Possession from the courts. A Writ of Possession authorizes law enforcement to remove the squatter from your property.
• Physical removal by law enforcement: Once in possession of a Writ of Possession, local law enforcement will attempt to remove the squatter from your property on your behalf physically.

Legal Help for Landlords in Michigan

Several resources are available online if you’re a landlord dealing with a squatter situation in Michigan and need legal help. Here are a few of the most widely used options:

• Michigan State Bar Association: Affordable lawyer referral service for Michigan landlords and tenants.
• Michigan Courts: Legal forms for use in landlord-tenant and land contract matters.
• Michigan Legal Help: Housing resources in Michigan, including information on eviction and tenant’s rights.

Preventing Future Squatter Situations

If you want to avoid squatters occupying your property, here are a few preventative measures that might help:

• • Check-in on the property frequently to establish a consistent presence.
  • Ensure doors and windows are secured with locks to discourage unwanted entry.
  • Maintain unoccupied properties to give off the impression that they’re inhabited.
  • Install security cameras and alarms to monitor your property and scare off trespassers.
  • Ask neighbors to watch your property and alert you to any potential squatters.

• Hire a property management company that will monitor the property on your behalf.

How TurboTenant Can Help

Experiencing a squatter situation can be a Michigan landlord’s worst nightmare, so ensuring your rental properties rarely sit vacant is essential.

TurboTenant’s free property management software can help you:

• Advertise rental properties to a pool of renters and fill vacancies with ease.
• Screen potential tenants and ensure you find upstanding renters who honor their leases.
• Distribute rental applications digitally and organize applicants’ vital information without stacks of paper.
• Create Michigan-specific lease agreements that protect your property and discourage lease-breaking.

Sign up for TurboTenant today and use our property management software to streamline your rental property business.