Have you ever thought about waking up one day and discovering that someone has taken up residence in your home without your permission? As a landlord in Portland, Oregon, this scenario isn't a farfetched idea—it could actually happen due to the complex laws regarding squatters' rights. It can even quickly become a predicament if you're not well-versed in safeguarding your property.
But don’t stress! In this blog, we’re breaking down what you need to know about Oregon’s squatters' rights, how to prevent squatters from taking legal ownership, and the steps you can take to secure your property. Let’s jump in and get you the answers you need!
A. Understanding Squatters' Rights in Portland, Oregon
Squatter rights are an important part of American property law that every homeowner, landlord, or real estate agent should be familiar with.
As dubious as it may sound, squatters' rights are the protections an unauthorized person may acquire if they remain on your property for a certain amount of time without facing legal consequences.
The majority of states have provisions in place concerning the rights of squatters. Moreover, the length of time a squatter has been living on your property can also be a determining factor.
Does Oregon Have Squatters’ Rights?
Yes! Oregon squatters can claim your property if they meet certain conditions.
You may assume that you can report a squatter to the authorities, and they will remove the intruder from your property.
However, local law enforcement is not obligated to enforce trespassing laws on your rental property. If the squatters don't seem dangerous and assert their right to be on the property, the situation can easily escalate into a "civil matter." In this case, law enforcers will likely request the property owner address the issue.
Furthermore, squatters don't need to present paid property taxes or have color of title to file a claim in Oregon. They just have to meet the 10-year continuous occupation requirement and successfully claim adverse possession to acquire the color of title.
B. Breaking Down Adverse Possession Laws in Oregon
Adverse possession in Oregon is a legal concept that allows someone to gain legal ownership of a vacant property if they occupy it long enough and meet certain legal requirements. Squatters can use this to their advantage to claim your property as their own.
How Can a Squatter Make an Adverse Possession Claim?
Here’s how the process works. A squatter must have:
- Actual Possession: Squatters must prove that they occupied the land for a certain period.
- Continuous Possession: Oregon law requires the squatter to maintain ongoing and uninterrupted occupancy of the property for 10 years in a row.
- Exclusive Possession: There is no one else that the squatter shares the unit with. Like an owner, they forbid anyone else from residing in the property.
- Open and Notorious Possession: It is visible to neighbors and everybody else that the squatter is occupying the property. This means that they don’t live there in secret or try to hide the fact that they are living in your unit.
C. Legal Process for Removing Squatters
Although the law regarding squatters’ rights in Oregon is a bit complicated, you still have the legal right to reclaim your property from squatters as property owners. There are no clear regulations regarding the eviction of squatters from private property in Oregon, unlike in other states, but you can try to reclaim your vacant or abandoned property through these methods:
1. Filing a Judicial Eviction
Even squatters are required by law to be provided a written "Notice to Vacate" in Oregon, and its time frame depends on the situation:
24-Hour Notice to Quit
Owners and managers of properties may also serve this notice on squatters who have engaged in illegal activities on their property, including:
- Cannabinoid extract production
- Controlled substance consumption
- Prostitution
- Threat to other people
- Other crimes
72-hour Notice to Pay Rent
A landlord may also send this notice, which includes the total amount due, any applicable fees, and the payment date. As the legal owner of the property, you have the right to initiate eviction proceedings in court if the squatter does not comply.
When the eviction is successful in court, you must get a Writ of Execution. The sheriff will then send the squatter a "final notice" to leave your property, giving them four days to comply with it. After eviction, you must securely store the squatter's belongings and notify them that they have 15 days to repatriate their stuff.
2. Protection for Property Owners with Disabilities
Among the 50 states in the US, Oregon has one of the most comprehensive landlord legal disability regulations.
Property Owners with Mental Problems
An adverse possession claim cannot be filed against a landlord who is legally incompetent or mentally disturbed for vacant properties. They also have an additional one-year window after they leave a mental health hospital, during which they may contest these charges.
Property Owners considered Minors
A five-year moratorium on the adverse possession claim is required in cases when the owner is a minor. The owner has one year from the date they turn 18 to contest the claim.
D. Vacant or Abandoned Properties – A Risk for Squatters
Vacant properties are prime targets for squatters. If your property is empty for a while and someone decides to live on it without your permission or legal right, you could end up in a legal battle to get it out. That's why securing and protecting vacant properties from unauthorized entry or occupation is important.
Securing the property and putting up “No Trespassing” signs can help deter potential squatters.
Ensuring you keep up with your property taxes is another method to safeguard your property ownership rights. When you pay property taxes on time, you’ll be in a much stronger position to defend your rental unit against adverse possession claims. Regularly conducting inspections can also assist in identifying and addressing squatter situations before they escalate into complications.
Protect Your Vacant Properties by Partnering with Real Estate Experts
In Oregon, the issue of squatters’ rights can pose a challenge regarding owning property. It's important to grasp the laws around possession and take steps to safeguard your properties in advance.
Hiring a property management company can be one of the smartest moves to protect your vacant properties from squatters.
Here at Kerr Properties, Inc., we offer regular property inspections, ensuring that your space is being monitored even when you’re not around.
If you're looking for a solution to managing your rental property as an absentee landlord, then this is a great option for you. This is also a wise choice for property owners who are too busy to overlook their rental property personally.
Squatters often target vacant properties that seem neglected, but frequent visits from a property management company signal that the property is being actively managed, reducing the chances of unauthorized occupancy.
We also have experience dealing with local laws and squatters' rights. If an issue does arise, we know how to handle the legal process— from serving eviction notices to coordinating with law enforcement if necessary.
With our knowledge of adverse possession laws and eviction processes, we can act quickly to prevent squatters from gaining any legal foothold on your property.
Stay vigilant, keep your property taxes up to date, and don’t shy away from seeking legal counsel when needed. Check out Kerr Properties for expert property management services.
