Alabama Squatter Evictions: What’s Legal, What’s Not, and How to Protect Your Property!

Arriving at your property only to find an unauthorized occupant aka squatter is the ultimate dread for any landlord. Dealing with the loss of rental income alongside the expenses of evicting an unauthorized occupant is already challenging. In certain cases, these individuals might even try to assert ownership of your property through a legal avenue known as adverse possession. Understanding the rights of squatters in Alabama is essential.

Fortunately, legislators made substantial changes to the process of removing squatters in 2024 with the enactment of HB 182. Recent changes in the law empower property owners with effective measures to swiftly evict unauthorized occupants.

This article will explore the recent updates regarding squatters rights, adverse possession, and landlord-tenant regulations in Alabama. Stay tuned as we provide you with essential information about Alabama rules that allow landlords to remove squatters in just 24 hours.

Legal Aspects of Squatting in Alabama

In Alabama, squatting is against the law. Legislation HB 182 officially took effect on June 1, 2024, providing clarity on the matter. This legislation has notably curtailed the rights of squatters in Alabama, positioning the state among the most stringent in the nation regarding squatting issues.

Recent changes in the law introduced by HB 182 classify squatters who enter a property with the purpose of committing a crime or deliberately inflicting damages exceeding one thousand dollars as offenders of third-degree burglary. If found guilty, these actions may be classified as a serious offense, potentially resulting in a prison sentence ranging from 1 to 10 years.

Despite Alabama’s efforts to address the issue of unauthorized occupants, it remains crucial for property owners to vigilantly oversee their premises and take action against intruders before they establish themselves as squatters. Addressing a trespasser promptly is generally more manageable than handling a squatting issue, as authorities can swiftly intervene to remove the individual.

Legal Framework for Occupants and Property Claims in Alabama

In Alabama, individuals can assert their claim over a landlord’s property through a legal principle that requires them to fulfill a specific set of criteria.

Adverse possession laws are present throughout the nation, yet there is significant variation among states regarding their particular regulations. Property owners need to be aware of Alabama’s Squatter Laws.

Legal Path for Alabama Residents to Claim Property Through Adverse Possession

Even with new regulations greatly limiting squatters’ rights, HB 182 left adverse possession laws untouched. Individuals can still assert ownership of a property through adverse possession if they satisfy all of the specified occupancy criteria:

  • Unauthorized Occupants: Individuals are residing on the premises without the consent of the owner.
  • The property is utilized and enhanced in a manner typical of a regular tenant.
  • Visible and Acknowledged: Individuals take residence in the property with the owner’s awareness.
  • The property is solely occupied without any involvement from other squatters, tenants, or the landlord.
  • Individuals are staying on the premises throughout the specified legal timeframe (as elaborated on below).

Along with fulfilling these five criteria, individuals occupying the property must meet one of the following two conditions, which do not overlap:

Also Read: These are The Ten Most Dangerous Towns in Alabama to Reside in; Check if Yours is on the List

Adverse possession through prescription follows the common law rule of a 20-year occupancy, during which the squatter must fulfill all five specified criteria.

In Alabama, the law regarding adverse possession specifies that the required occupancy duration is reduced to 10 years when the individual claiming possession has a valid title and has fulfilled property tax obligations throughout that time.

Having a squatter take over your property is a landlord’s worst fear. Nonetheless, squatters in Alabama face significant hurdles in fulfilling these criteria, and proactive landlords can swiftly remove them before they can satisfy the conditions for adverse possession. In the following sections, we will explore the lawful methods available for landlords to remove squatters in Alabama.

Duties and Privileges of Property Owners

Property owners possess the authority to evict unauthorized individuals and those unlawfully occupying their premises. In many cases, law enforcement can intervene effectively at the onset of a trespass to prevent squatters from establishing themselves.

When squatters take up residence, landlords in Alabama can swiftly initiate their removal by submitting an affidavit to local law enforcement. In cases where the landlord’s circumstances do not meet the criteria for swift removal, they have the option to initiate a legal process to evict the unauthorized occupant via a court ruling.

Landlords in Alabama are prohibited from carrying out self-help evictions, such as changing locks or turning off utilities.

Read More: Creepy Crawlers: Discover Alabama’s Most Snake-Infested Lakes

Avoiding Future Squatters

Property owners can frequently deter unauthorized occupants by implementing a straightforward routine and making enhancements to their buildings:

  • Installing alarms can discourage unwanted intruders, and surveillance cameras allow property owners to promptly notify authorities about trespassers for swift action.
  • Landlords who consistently oversee their units, particularly those that are unoccupied, are significantly more inclined to identify and prevent squatters from taking residence.
  • Intruders frequently gain access through vulnerable spots such as doors and windows—make sure every entry point is secure and can withstand attempts to break in.
  • Landlords can take measures to deter squatters by preemptively shutting off utilities in a property they intend to keep vacant for an extended period. However, it’s important to note that forcibly removing an established squatter by cutting off power or heat is illegal.

Important Note: This content has been created solely for informational use. It is recommended that all individuals review relevant local, state, and federal regulations and seek legal advice if any uncertainties come up.

Reference: Squatters Rights in Alabama & Adverse Possession Laws 2024