Surge in Squatting Demands Stricter Legislation says New Report from Pacific Legal Foundation

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Aug 09, 2024, 13:35 ET

WASHINGTON, Aug. 9, 2024 /PRNewswire/ -- A new report by Pacific Legal Foundation reveals a significant rise in squatting incidents — where individuals occupy property without legal claim or the owner's consent — since 2019.

Locking Squatters Out: How States Can Protect Property Owners highlights the difficulty property owners encounter when attempting to remove squatters. Despite trespassing being a criminal offense, most states handle squatter removal as a civil landlord-tenant eviction dispute, making a long and costly process for homeowners. Law enforcement agencies, wary of escalating violence or getting embroiled in legal complications, frequently advise property owners to file eviction cases rather than taking immediate action to remove squatters.

"It is long overdue that we start treating squatters like what they actually are — trespassers," said Mark Miller, senior attorney at Pacific Legal Foundation. "Squatters illegally take property that doesn't belong to them, and some sell the owner's belongings, trash the property, or use it for illicit activities. They shouldn't be given special legal protections."

In response to the growing problem, several states are passing legislation to recognize squatting as a criminal offense and make it easier for property owners to remove trespassers. Alabama, California, Florida, Georgia, Nevada, Tennessee, Washington, and West Virginia have passed such laws, while 11 other states have introduced bills. However, most states have yet to address the issues of squatting through legislation.

"Removing squatters is extremely difficult in most states," said Kyle Sweetland, strategic research manager at Pacific Legal Foundation. "But as states like Georgia have shown, once the laws are updated to recognize squatting as criminal activity, property rights are better protected. Other states should follow Georgia's lead."

The report also examines trends in squatting incidents, state responses, the effects of legislative reforms, and ways states can provide assistance.

Locking Squatters Out: How States Can Protect Property Owners offers clear insights into the rise in squatting and how states should combat it.

About Pacific Legal Foundation

Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.
www.pacificlegal.org

SOURCE Pacific Legal Foundation