What Are Squatting Rights in Cambridge, MA?
When you own land in Cambridge, Massachusetts or in greater Boston, you should know how to deal with squatters. Squatters, if left unchecked, can drain your finances, make your properties seem unappealing, and cause a whole host of legal troubles.
This page will break down squatting rights in Cambridge, Massachusetts and explore how squatters differ from other trespassers.
What is a “Squatter” and What Are Squatters’ Rights?
In a legal sense, a squatter is anyone who occupies an abandoned or foreclosed residential building or land plot without obtaining lawful permission beforehand. In simpler terms, a squatter doesn’t rent, own, or otherwise possess the property they live on.
That said, squatting on owned real estate isn’t necessarily illegal. Squatters have many of the same basic tenant rights as regular renters and cannot be evicted without due notice. Note that eviction laws differ based on your state and the owner of the property. Laws are different in New York, Nevada, Minnesota, Kansas, Kentucky, and more. Don’t assume that what works for rentals in these states will work in Cambridge, MA.
Squatting vs. Trespassing
Squatting is not the same thing as trespassing. For one, trespassing is always a criminal offense. For another, squatters have rights that trespassers do not. The key difference between a squatter and a trespasser is that a squatter could have a claim to the property they reside on.
For example, if a squatter beautifies a property or land plot by planting flowers or removing debris, they can sometimes avoid criminal trespass prosecution. Furthermore, someone may squat on a property if there is a legitimate emergency. Squatting is a civil offense rather than a criminal offense.
On top of that, squatters may sometimes make adverse possession claims on residential properties or land plots. There are limitations to this ability, however.
Squatting vs. Holdover Tenants
Squatters are also not the same as holdover tenants. Also called tenants at sufferance, holdover tenants are any tenants who remain on a property after they’ve been evicted or their lease agreement is over.
Technically, holdover tenants can continue to pay rent to their landlords – if the landlord accepts, the tenants become tenants at will instead. But such tenants can still be evicted without notice at any moment. Tenants at will or holdover tenants must also leave the property if the landlord requests legal possession at any point.
Adverse Possession Claims in Cambridge
In Cambridge and broader Massachusetts, squatters may attempt to claim the legal right to a property through adverse possession claims. In a nutshell, if a squatter has 20 years of continuous possession for a residential property or land plot, they can make an adverse possession claim. If successful, the squatter will gain legal ownership of the property and cannot be accused of criminal trespassing.
Requirements for Adverse Possession
Although adverse possession sounds simple, squatters must meet five distinct legal requirements prior to making a claim. These are:
Maintaining a “hostile” occupation of the property for 20 years. Hostile, as a legal term, just means against the will of the property owner, either knowingly or unknowingly. It doesn’t necessarily mean combative or aggressive in natureExercising control over the property (i.e. living there, putting their possessions there, etc.)Living on the property openly and notoriously. In other words, the squatter must use the property as a lawful owner would rather than hiding their occupancyLiving on the property exclusively. They cannot be squatting on the property they wish to claim with another squatter or personLiving on the property continuously for a 20-year period of time. They can’t leave and take a vacation if they wish to make an adverse possession claim and claim the legal title as true owner/legal owner
If a squatter meets each of these requirements, they may have grounds for a successful adverse possession claim. But if they breach any of these requirements, the property’s lawful owner can accuse them of criminal trespassing and usually evict them from the property.
Does Color of Title Affect Adverse Possession Laws?
Some landlords may have heard of the "color of title". If a person has the color of title, they own that property without "regular" property documents like a deed. Alternatively, they may miss a few legal registrations or documents that are typically included in a property ownership deal.
In Massachusetts, the color of title doesn't decrease the possession time required to make an adverse possession claim. Therefore, a squatter must still live on the property for 20 years even if they have one or another documents that somewhat proves ownership of the property.
Squatters and Property Taxes in Cambridge
Interestingly, Massachusetts does not require squatters to pay property taxes, even on a property they plan to make an adverse possession claim for. That said, the fact that squatters don’t pay property taxes shows up on public records.
Can You Get Rid of Squatters in Cambridge, MA?
Yes, even though there is no specific law to Cambridge, Massachusetts for removing squatters. If there is a squatter on your rental or other property, you must remove them via the standard civil eviction process. Put simply, you have to treat them like they are a regular tenant.
There is one exception to this – if the property is under the Boston Housing Authority AND the squatter is continually creating problems, such as being threatening.
As a landlord, you can get a squatter off your property by offering them a:
14-day eviction notice to quit
30-day notice to quit
7-day notice to quit
You’ll also need to file a Summons and Complaint with the local property court, plus pay the requisite fee. This will be served to the squatter at your property by the sheriff’s office. A hearing date will likely be set. Once reviewed, a judge will grant your eviction a Writ of Execution. The squatter is served the writ and has 48 hours to vacate the property before being subject to forcible removal.
How to Avoid Issues with Squatters at Your Properties
Inspect your properties from time to time, and put up “no trespassing” signs to prevent possession of the property
Always secure your properties’ entrances, including the windows
Always pay your property taxes promptly
If a squatter refuses to leave, offer to rent the property to them
Be prompt with serving written notice to squatters when you realize they are setting up in your properties
Consider hiring a lawyer if legal actions are necessary. They can help you navigate state laws or civil matters, plus speak to law enforcement when enforcing landlord-tenant law. You should also consider hiring a property management company to oversee renters and to make sure that a squatter doesn’t have time to claim actual possession
How CambridgeSage Helps Landlords
In the end, squatters have many of the same rights as typical tenants and can be removed through largely the same process as evicting a standard tenant. Still, dealing with tenants can be tough, and it can be hard to know whether you should purchase a rental property if it’s at risk of squatting problems in the future.
Fortunately, Cambridge Sage is here to help. We can offer more information and advice about dealing with squatters, plus help you locate the perfect properties to boost your portfolio, once you contact us today.
Disclaimer: The site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK. If you have legal questions, contact an attorney or email me at Sage@CambridgeSage.com and I’ll refer you to a trusted attorney.