Selling a house in Ohio can already feel like a long process. Add squatters into the picture, and it becomes a complicated mix of legal steps, financial decisions, and real estate strategy. Whether you are a homeowner, landlord, or investor, understanding how squatter’s rights work in Ohio and how to navigate the eviction process is key to protecting your property and closing a successful sale.
This guide explains what squatter’s rights mean in Ohio, how they can affect your ability to sell, the steps for removing squatters legally, and strategies to prevent them from occupying your property in the first place.
Understanding Squatter’s Rights in Ohio
A squatter is someone who occupies land or a building without permission from the rightful owner. In Ohio, squatters can range from strangers who find their way into an empty house to former tenants who refuse to leave after a lease ends.
What “Squatter’s Rights” Means
Squatter’s rights refer to certain legal protections an unauthorized occupant can gain over time. In Ohio, these rights come into play mainly through the doctrine of adverse possession. While adverse possession does not give squatters immediate ownership, it allows them to make a legal claim after meeting strict conditions.
Ohio law requires 21 years of continuous, open, exclusive, and hostile possession before a squatter can make an adverse possession claim. “Hostile” in this context means the occupant is there without the owner’s permission.
Squatter vs. Trespasser
A trespasser enters a property without permission but usually leaves when told or when law enforcement intervenes. A squatter, on the other hand, stays put and treats the property as their own. They may pay utilities, bring in furniture, and even attempt to establish themselves as a tenant. This behavior can make removal more complicated, as Ohio’s squatter laws and landlord-tenant statutes may overlap.
How Ohio Laws Affect the Sale of Properties with Squatters
In Ohio, the presence of squatters can significantly complicate the sale of a property. Ohio law recognizes the rights of property owners while also providing certain protections to individuals who occupy property without permission under specific conditions.
Additionally, Ohio law requires that property transactions disclose material facts, including any known disputes or unauthorized occupants. Sellers cannot ignore or conceal the presence of squatters, as doing so could expose them to legal claims from buyers. In many cases, working with cash buyers or investors familiar with handling occupied properties can streamline the process, as they often have experience navigating the legal procedures necessary to remove squatters or manage the property post-purchase. By understanding these legal requirements, sellers can protect themselves from liability and ensure a smoother transaction even when squatters are involved.
The Legal Landscape of Selling a House with Squatters
Selling a house with squatters in Ohio has some unique challenges compared to a traditional home sale. Because of how the law treats unauthorized occupants, you must follow certain procedures before you can transfer the property free of claims.
When the Occupant Has Tenant Rights
Sometimes a squatter began as a legitimate tenant who stopped paying rent or overstayed a lease. In that case, Ohio landlord-tenant law applies. You cannot simply lock them out or remove their belongings. You must go through the official eviction process, starting with a proper eviction notice.
When the Occupant Never Had Permission
If someone entered without a lease or agreement, you might assume you can remove them immediately. However, Ohio courts still require a formal eviction in most cases to avoid “self-help” evictions, which are illegal. This applies even if you inherited the problem, such as buying a foreclosure that came with squatters already in place.
How Squatters Can Gain Legal Ownership in Ohio (Adverse Possession)
While rare, adverse possession allows squatters to become the legal owner under strict conditions. The occupant must prove:
Open and Notorious Possession
A legal requirement for squatters is that their occupation must be apparent. This means they cannot conceal the fact that they are living on the property without permission. Neighbors, the landlord, or anyone else inspecting the property should be able to recognize that an unauthorized occupant is present.
Exclusive Possession
The adverse possessor must use the property solely and not share possession with the legal owner or the general public. Joint use with the owner or anyone else usually defeats a claim of adverse possession.
Hostile Possession
“Hostile” means possession without the owner’s permission. If the owner gave consent, like through renting or borrowing, the possession is not hostile
Continuous Possession
In Ohio, the possessor must occupy the property continuously for 21 years. Temporary or intermittent use generally does not satisfy this requirement.
Options to Sell a House with Squatters in Ohio
Work with a Realtor Experienced in Squatter Cases
A realtor can market your home to investors, manage disclosures, and negotiate terms that account for the squatters. However, if your home is occupied by squatters, then it’s likely that only cash investor will be interested. Because investors buy houses based on numbers and not emotions, their offers are generally “take it or leave it.” That means if you can find companies that buy houses for cash on your own, then the realtor likely won’t be bringing much value to you, but you’ll still have to pay a commission.
Sell to a Cash Investor
A cash home buyer in Ohio, like Snap Sell Homebuyers, will purchase homes with squatters completely “as is.” However, you’ll typically have to trade the headache and cost of evicting a squatter for a lower purchase price for your house.
Complete the Eviction First
If you want to maximize the sale price for your house, evicting the squatters first will widen the buyer pool and reduce the risk for potential buyers.
Step-by-Step Ohio Eviction Process for Squatters
Ohio law requires following the formal eviction process even if the occupant has no lease. Skipping steps can expose you to liability.
Step 1: Serve a Valid Eviction Notice
Provide a written eviction notice, usually a three-day notice, stating the reason for removal and the deadline to vacate. Weekends and legal holidays are not counted in the notice period.
Step 2: File an Eviction Lawsuit
If the squatter stays past the notice period, file a forcible entry and detainer action in the local court. You’ll receive a court date within a few weeks.
Step 3: Attend the Court Hearing
Bring the property deed, photos, utility records, and any proof that the person has no right to be there. If they claim tenant status, be ready to show there is no valid rental agreement.
Step 4: Coordinate with the Sheriff
If the court rules in your favor, the sheriff will remove the squatter. You cannot legally remove them yourself.
How To Prevent Squatters From Occupying Your Property
Pay Property Taxes Regularly
Paying your property taxes on time each year helps protect your ownership rights. Always keep copies of your tax records as proof, in case you need to verify ownership later.
Secure the Property
Deter squatters by securing all entry points with strong locks, using barriers where needed, and posting a clear “No Trespassing” sign to mark the property as private.
To further secure the property, you can install security cameras and alarms to alert you of any activity at the property.
Regularly Inspect the Property
Regular property inspections are a great safeguard against squatters. This may involve visiting the property personally, asking a neighbor or friend to monitor for signs of forced entry, or arranging for a property management company to perform inspections on your behalf.
Thoroughly Screen Potential Tenants
Landlords should conduct background and credit checks, verify employment and income stability, and request references from previous landlords. Make sure you don’t just speak with a current landlord if possible. If the applicant is causing their current landlord issues, that landlord may lie to you about the quality of the tenant the applicant is just to get rid of them. By carefully evaluating each applicant, property owners can minimize the risk of unreliable tenants who may fail to comply with lease terms or attempt to overstay unlawfully.
Sell Vacant Property To Cash Buyers
If your property is sitting vacant, selling it to cash buyers can be a smart option. This way, you avoid the hassle of dealing with squatters and no longer need to constantly monitor it.
Selling a House with Squatters in Ohio FAQ
Can you sell a house with squatters in Ohio?
Yes, you can sell your house even if a squatter is living on the property. Keep in mind that the buyer pool for properties with squatters is largely limited to cash investors. You’ll also need to disclose the presence of squatters to potential buyers.
Can you kick out squatters in Ohio?
In Ohio, you cannot forcibly remove a squatter’s possessions or change the locks. This is called a “self-help” eviction and is illegal. If you want to remove squatters, in most cases you’ll need to follow Ohio’s formal eviction process.
Can police remove squatters in Ohio?
Generally no. Police will often direct owners to file a formal eviction.
How long before squatters can claim a house in Ohio?
They must occupy it openly, exclusively, and without permission for 21 continuous years under the adverse possession law.
Key Takeaways: Navigating Squatter’s Rights and Property Law in Ohio
Property owners in Ohio must understand squatters’ rights to protect their investments. Knowing the law, including the steps for a legal eviction, helps prepare for possible adverse possession claims.
Take proactive steps to protect your property. Conduct regular inspections, secure doors and windows, and seek legal advice when needed. Stay alert to keep control of your property.
Snap Sell Homebuyers can help you sell your house with squatters! Contact us today at (330) 578-7886 or fill out the form below!
We can help home sellers in all cities in Ohio, including Akron, Cleveland, Canton, Cuyahoga Falls, Massillon, Parma, Westlake, Lakewood, Medina, Strongsville, Columbus, and more!
Squatter’s Rights in Ohio | Sell a House with Squatters in Ohio