Legislation proposed in Wyoming would help owners remove illegal occupants (also known as squatters) from their property.
The issue gained the attention of Wyoming lawmakers after constituents found it difficult to remove squatters when returning home from wintering in Arizona.
Wyoming’s bill mirrors a Florida law passed in the spring which increases penalties for squatters and gives property owners recourse against them. Under the proposed law, squatters will no longer be identified as tenants but as ‘unauthorized persons’ (trespassers), making it much easier for residents of the Cowboy State to regain control of their own property. The current language only applies to residential property, but commercial properties have been targets of squatters as well.
Wyoming is not alone. Following several high-profile squatter cases that made headlines nationwide, states like Florida, Texas, and even New York are tackling the issue.
Squatters run all kinds of scams to take advantage of laws that are designed to protect tenants from landlord abuse and improper eviction. They often pursue the path of least resistance by seeking out empty vacation homes or properties for sale—any place they can set up shop before being noticed by the property owner. They may drill out and change the locks, fabricate a lease, or just secretly occupy the property long enough to become a tenant under that state’s laws.
In most states, the law does not differentiate between a squatter and a tenant who has overstayed their lease, refused to pay rent, or potentially violated the lease terms in some other way, which is a true landlord-tenant dispute and an issue for civil court.
Squatters are cleverly navigating a legal system that incentivizes them to abuse property owners. They may eventually be evicted, but only after months of battling it out in court and living rent-free on someone else’s property. Civil financial penalties are typically ineffective to an indigent population and put the burden back on property owners to collect and enforce. Squatters are also not subject to arrest or jail time.
Though squatters aren’t blameless, it is bad policy that transforms a property crime into a civil dispute and a nightmare for law-abiding citizens. Squatters are simply responding rationally to maximize their own self-interest based on the legal incentives presented to them. Some state or local laws may turn a guest or trespasser into a legal tenant after 30 days of occupying the property, even without a lease.
In Washington state, for example, a squatter has the right to remain on a property if the owner fails to take legal action to force an eviction, even if the owner was unaware that their property was occupied. After seven years of continuous occupation, the property may legally become that of the squatter through the state’s adverse possession law.
In some cases, law enforcement may even threaten to arrest the property owner for violating the privacy rights of the squatters. In most states, squatters have tenant rights after 30 days (or less if they produce a fake lease), which means law enforcement considers the matter a landlord-tenant dispute. Confrontation with a squatter may even result in the arrest of the property owner. In most states, the legal burden is on property owners, who must wade through a lengthy and expensive eviction process just to regain what is legally theirs. It may take months of battling it out in court before a squatter is removed.
Under Wyoming’s proposed bill, a property owner or its authorized agent can request that law enforcement immediately evict someone who unlawfully entered the home, refused to leave when directed to do so by the owner, and is not the subject of pending litigation related to the home. The property owner is responsible for paying a fee to the sheriff for service of process and for a “reasonable hourly rate” for any request that the sheriff “stand by to keep the peace” while the owner changes locks and removes the property of the squatter. Owners who abuse this process and wrongfully remove someone legally entitled to be there are liable for damages. A squatter who produces a fake lease or false documents is guilty of a misdemeanor.
The working draft would make listing a property for sale or rent without lawful authorization or ownership a felony, with the steepest penalties and fines reserved for property destruction and defacement by a squatter, punishable by up to ten years in prison and a $10,000 fine.
While the bill is a very positive move to protect property owners, from a policy standpoint, there is room for improvement. Placing the financial burden on the individual who has been the victim of trespassing and potentially significant property damage and financial loss is a missed opportunity. Keeping the peace is a core function of government. The sheriff does not bill citizens for fielding domestic violence disputes or responding to assault, criminal trespass, or other emergency calls.
Although squatting is legally distinct from trespassing or breaking and entering, lawmakers would do well to recognize it like any other crime and not punish the victim twice by making them pay for protection already purchased with their tax dollars.