Squatter or tenant: what a landlord does first
If someone is living in your property and you did not rent it to them, do not change the locks, remove belongings or shut off utilities yourself. Work out whether they have any claim to be there, such as a lease, rent paid or a deal with a prior owner, then call the police or file the process your state requires. Many states treat a person who has been accepted as a tenant, even without a signed lease, differently from a trespasser.
How do I tell a squatter from a tenant?
The word "squatter" covers very different cases. Some people break in. Others are told by a scammer that they are renting, pay a deposit to someone who does not own the place, and move in thinking it is legal. Others are former tenants staying past a lease, who are covered in holdover tenants. The legal path depends on which one it is.
| Clue | Points toward trespass | Points toward tenancy |
|---|---|---|
| Entry | Forced entry, no key ever given | A key from you or an agent |
| Money | No rent ever taken by you | Rent or a deposit accepted by you or an agent |
| Paper | No lease, text or message | A lease, a rental message, a receipt |
| Time | Days | Weeks or months, with utilities in their name |
| Their story | Cannot explain who let them in | Names a person who rented it to them |
Several states treat a person who has been accepted as an occupant, or has lived in a home for a stated period, as a tenant who needs a court process to remove. Others have created faster tracks for people who entered unlawfully. This is the common pattern, not legal advice. Rules differ by state and city, so check your state's law or ask a local landlord attorney before you act.
What should I not do?
- Do not change the locks while they are inside or out.
- Do not remove or throw out their belongings.
- Do not shut off water, power or heat.
- Do not threaten them or use force.
- Do not accept rent without thinking about what it may signal about a tenancy.
Self-help like this can create claims against you, even when the person had no right to be there. Courts in many states award damages and fees for an illegal lockout.
What order of steps is safest?
- Document everything: photos, dates and anything the person says.
- Confirm you own the property and that nobody with authority rented it, such as a former agent or a relative.
- Talk to the person if it is safe. Ask for any lease or proof of payment.
- If it looks like a break-in, call the police and ask for a trespass report. Some places require a written complaint from the owner.
- If police say it is a civil matter, or the person shows any rental claim, use the eviction process your state requires, which starts with the right notice.
- Tell your insurance agent, since vacant property coverage often has limits.
Example a made-up owner finds a stranger living in a vacant house. The stranger shows a text from someone who took $900 as a deposit and has vanished. The owner calls the police, who say it is a civil dispute because of the deposit. The owner stops, documents it and files a notice and an eviction case. The stranger may report the scammer to the police too.
How do I prevent it?
- Inspect vacant units often, and keep the utilities on so the property looks cared for.
- Rekey after every move-out. See rekeying between tenants.
- Never hand your listing to a stranger or an unverified agent, because rental scams use real listings.
- Keep a lockbox record of who has codes.
Records that help
In a dispute about who rented what, the lease file and dated messages decide. DoorKeeping keeps each property's leases, ledgers and message history together, so you can show that a unit was vacant and who had a lease. It gives no legal advice and starts no court action, so talk to a local landlord attorney.
Sources
- DoorKeeping: Connect Claude or ChatGPT (steps and tools list), read Oct 30, 2026
Questions
- Can I call the police on a squatter?
- Yes if you believe it is a trespass. Police may say it is a civil matter if the person claims a rental.
- Can I turn off the utilities to get them out?
- No. Shutting off utilities is a common illegal self-help act and can cost you in court.
- How long until a squatter becomes a tenant?
- It depends on your state. Some treat a person as a tenant when there is any agreement or rent, while adverse possession needs many years.
- Should I keep the rent if a squatter pays me?
- Talk to a landlord attorney first. Taking rent can create a tenancy.