Squatter’s Rights in Pennsylvania
Find an unexpected occupant on your property in Pennsylvania? That’s what I call a homeowner’s worst nightmare. The legal term is Squatter’s. And squatters have rights in PA. Understanding squatter’s rights in Pennsylvania is essential to protecting your investment.
From Jon’s perspective, “Although the term squatter’s rights may seem like a free pass, it’s not.” Pennsylvania employs the legal route of adverse possession when dealing with squatters and property owners. In simple terms, “The rule makes it easier to differentiate between a tenant and a trespasser.”
If you’re considering selling your house quickly, squatter’s rights may pose a threat to the sale.
What are Squatter’s Rights?
In legal terms, “squatter’s rights comprise the ability of an occupant to gain legal ownership of a property without paying for it.”
Alex, that seems like a loophole for theft. No, it’s not. It’s a long-drawn process that ensures the property doesn’t sit idle. If a squatter occupies a property for a specific amount of time and meets certain criteria, they can file a Quiet Title Action to obtain legal ownership.
I know it sounds complicated and unfair towards the property owners, but Pennsylvania squatter’s rights are built on fairness towards the owners & legal occupants.
Adverse Possession Requirements in PA
Let’s talk about something serious. How does a squatter prove ownership?
- A squatter in PA must physically occupy the property and treat it as the homeowner would. For instance, making repairs.
- The occupation should be continuous (21 years).
- The squatter cannot share the property with the public or even the homeowner.
- It must be obvious to the homeowner and neighbors that a squatter occupies the property. No secrets there!
- The occupant possesses the property without the owner’s approval.
I know this sounds strange, but that’s how this system is built. Our feelings towards the issue may be biased, but we have to follow the laws. Jon insisted that I share the 10-year exception with you all. As per this rule, “the timeframe for adverse possession can be shortened to 10 years instead of the usual 21 years for single-family homes on contiguous lots in specific boroughs.”
PA Act 88
The PA Act 88, passed in 2024, has transformed how Pennsylvania handles squatters. According to Jon’s father, “property owners in Pennsylvania struggled for years because the police viewed squatting as a civil matter.”
PA Act 88 comprises:
- The law defines a tenant as someone having a lease or accepted rent. Everyone else is considered a squatter.
- Previously, owners had to give squatters a formal eviction notice. Under Act 88, if the person was never a tenant, homeowners need not provide a Notice to Quit.
- As Jon’s father mentioned earlier, homeowners can involve law enforcement to treat squatters as trespassers.
Evicting Squatters in Pennsylvania
As a homeowner, if you discover a squatter on your property, do not try to remove them yourself. One of our realtor friends was in this situation, and the legal battle went on for over three years. Strategies such as changing the locks or cutting off the utilities are illegal and could result in the squatter suing you. Insane, right?!
What you could do instead is:
- Verify the status of the occupant.
- Involve the police.
- File an Ejectment Action.
- Obtain a Writ of Possession.
How To Prevent Squatting in PA?
Our real estate attorney advises that “prevention is always cheaper than a lawsuit.”
- Inspect your property regularly.
- Pay property taxes.
- Secure the property perimeter.
- Formalize lease agreements.
Can I Sell a House with Squatters?
You may be surprised, but selling a house with squatters in Pennsylvania is possible. Legally! But it’s a tough real estate transaction. As a seller, you have three options.
Sell To a Cash Home Buyer
This includes “we buy houses” companies that can get the property out of your hands quickly. They will take the property with the squatters and the legal obligations, but will negotiate a favorable price.
Evict Before You Sell
This option will get you the highest profit, but you need to remove the squatters. This option is considered a unicorn when trying to sell a house with squatters in PA.
Cash for Keys
One of the cheapest and safest ways is to offer the squatter a sum of money to leave voluntarily. This is a widely used strategy for selling a house with squatters in Pennsylvania.
Conclusion
Squatters are not limited to Pennsylvania. Squatting is a worldwide phenomenon resulting from unfortunate events such as homelessness, unemployment, and other global factors. Your job as a homeowner is to protect your property and stand firm with the legal rights of squatters in PA.
