A vacant property today could turn into a legal nightmare tomorrow. In Minnesota, squatters who occupy a home long enough may gain Minnesota squatter rights that make eviction difficult, even for rightful property owners. With housing laws shifting in 2025, landlords must stay informed to prevent unwelcome surprises that could cost them time, money, and peace of mind.
Minnesota Squatter Rights: What the Law Actually Says
Does Minnesota have squatters' rights? In Minnesota, as in many states, squatters can potentially claim ownership through Minnesota squatter rights if they meet specific legal criteria. This is why landlords and property owners must stay informed.
Let’s break this down step by step so you understand exactly what’s at stake.
Who Qualifies as a Squatter?
At its core, a squatter is someone who occupies a property without legal permission from the owner. However, not everyone staying in a property without a lease is automatically considered a squatter. This involves individuals who:
- Enter and reside in a vacant or abandoned property without the owner's consent.
- Overstay their lease without renewing it and refuse to vacate.
It's important to distinguish squatters from trespassers. While both lack permission, squatters often intend to reside on the property, whereas trespassers typically do not.
How Adverse Possession Works in Minnesota
Now, let’s talk about the biggest concern for property owners: adverse possession. This is a legal principle that allows someone to claim ownership of land. Courts believe that land should be used, not neglected and that someone who actively occupies and maintains a property for a long time should be able to claim it.
Many people wonder about squatters' rights for 30 days in Minnesota, but the truth is, that simply staying on a property for a month does not grant any immediate legal rights. However, the longer a squatter remains, the harder it can be to remove them, especially if they attempt to establish tenancy.
A squatter must meet five legal requirements before they can claim ownership through adverse possession in MN:
- The squatter must have lived on the property without interruption for at least 15 consecutive years.
- Their use of the property must be obvious to anyone, including the owner.
- The squatter must be the only one using the property
- The squatter must have paid property taxes for at least five consecutive years before they can claim Minnesota property ownership laws. This is often the hardest requirement to meet since most squatters don’t bother paying taxes.
If all five conditions are met, the squatter can legally claim the property.
How Squatters Can Take Over Property (and How to Prevent It)
So, how do squatters actually end up staying long enough to gain Minnesota squatter rights? It usually happens when a property is left vacant for an extended period. Here are some methods that you can prevent it:
- Keep doors and windows locked, and make sure no one can enter without your permission.
- Consider security cameras or motion-activated lights.
- If you own rental property, check on it frequently, even between tenants.
- In Minnesota, clear signage can help establish that unauthorized occupants are trespassing MN, not squatting.
- If you discover an unauthorized occupant, start the eviction process right away.
The Fine Line Between Squatters and Holdover Tenants
Squatters and holdover tenants (tenants who stay after their lease expires) are often confused, but the law treats them differently.
When a Tenant Becomes a Squatter
A tenant becomes a squatter when they remain on the property without the landlord's permission after their lease has expired or been terminated. In such cases, they no longer have a legal right to occupy the property and may be subject to eviction proceedings.
When a Squatter Gains Tenant Protections
In some instances, a squatter may gain tenant protection if the property owner acknowledges their presence and accepts rent payments, thereby establishing a landlord-tenant relationship. This can complicate eviction processes, as the individual may then be entitled to certain legal protections afforded to tenants.
Squatter Rights vs. Landlord Rights: Understanding the Legal Loopholes
When it comes to squatters vs. landlords, the law isn’t always as clear-cut as property owners would like. Although landlords assume they have full control over their property, Minnesota law gives certain protections to squatters under specific conditions.
Why Can't Police Remove Squatters Immediately?
If you discover a squatter in your property, your first instinct might be to call the police. But here’s the frustrating reality: law enforcement often won’t remove a squatter right away.
The situation might not be considered criminal trespassing MN, instead, it could be seen as a civil dispute, which means it has to be settled in court.
Several factors can prevent immediate police action:
- The squatter claims they have permission to be there – Without clear proof otherwise, officers can’t immediately remove them.
- They’ve lived in the property for a long time – Extended occupation strengthens their claim to tenant rights.
- Mail, utility bills, or other residency proof – If the squatter has established any form of residency, the case becomes more complicated.
- A past financial transaction – Accepting even a small payment can create a landlord-tenant relationship, requiring an eviction process.
Situations Where Squatters Are Protected
The law can be more complicated than it seems, and squatters can sometimes gain Minnesota squatter rights or even Minnesota property ownership laws under specific circumstances. Let’s explore some of these situations:
- Adverse possession: Under adverse possession in MN laws, if a squatter has occupied a property openly, continuously, and without permission for 15 years, they may be able to claim ownership of the property. This rule is in place to ensure that property isn’t left unused for long periods of time, as it could encourage neglect.
- Landlord Inaction: Failure to act quickly on the part of landlords can allow squatters to gain legal Minnesota squatter rights, including tenant protections or adverse possession claims. If a squatter has been in the property long enough, they could argue that they have established residency. This makes evicting them significantly harder without going through the formal court system.
- Foreclosed Properties: Squatters may also be able to claim certain protections if the property is foreclosed upon. In some instances, foreclosed properties can fall into legal limbo where the original owner may still retain control over certain aspects, and squatters can take advantage of the confusion. In such cases, they could argue they are occupying an abandoned property, seeking to avoid eviction or delay the process.
How Can Landlords Prevent Squatters from Moving In?
The good news is, prevention is always easier than dealing with the aftermath. There are several effective steps landlords can take to prevent squatters from taking over their property.
- Board up windows and doors in vacant properties to make entry more difficult. Squatters are more likely to target properties they can easily enter.
- Set a schedule for inspections and stick to it. Regular visits, at unpredictable intervals, will discourage squatters who rely on the property being vacant.
- Make sure to place these signs on all entry points, including gates, fences, and entrances. Squatters may be less likely to attempt entry if they know the property is actively monitored.
- For landlords who may live far from their properties or simply don’t have the time to manage them effectively, consider hiring a property manager.
- Avoid renting to tenants with a history of eviction or poor rental references. Proper screening is one of the most effective ways to avoid future squatting problems.
Squatters are more likely to target vacant properties, so keeping your property occupied is one of the best ways to prevent squatting. Whether you’re renting or using it for your own purposes, having someone regularly occupying the property makes it less likely that squatters will target it.
The Legal Eviction Process: What to Do When a Squatter Won’t Leave
How to evict squatters?
When a squatter refuses to leave a property, the process of removal can be complicated, lengthy, and costly. Landlords should follow a step-by-step guide on the legal eviction:
- Verify that the person is indeed a squatter. This means confirming they have no legal lease, haven’t paid rent, and don’t have permission to stay in the property. If they have a rental agreement or have paid rent, they are considered tenants, and the tenant eviction process applies, not squatter eviction.
- You must issue a formal notice to the squatter. This is usually called an Unlawful Detainer Notice or Notice to Quit. The notice must inform the squatter that they are occupying the property without permission and that they must vacate within a specified time frame.
- If the squatter refuses to leave after receiving the notice, you will need to file an eviction lawsuit with the local court. This legal action is called an Unlawful Detainer Action. Once filed, a court date will be set, and the squatter will have the opportunity to present their case.
- At the court hearing, you will present evidence that the squatter is on the property without permission, and the squatter may argue they have some legal right to be there. They will issue a Writ of Recovery, a legal order that the squatter must leave the property.
- Finally, in case the squatter still refuses to leave after the court ruling, you will need to enlist law enforcement to remove the squatter. The sheriff will be tasked with enforcing the Writ of Recovery, ensuring that the squatter is removed from the property.
Recent Legislative Updates on Minnesota Squatter Rights
Minnesota has made several key updates to its squatter laws in recent years to balance the rights of property owners and the protection of tenants. These changes reflect the state's efforts to strengthen the rights of landlords.
- Faster Eviction Process: In recent legislative changes, the state has streamlined the eviction process, enabling landlords to remove squatters more quickly than before.
- Increased Landlord Rights: Minnesota has introduced laws that close some of the legal loopholes previously used by squatters to delay or avoid eviction.
- Stricter Penalties for Fraudulent Claims: Squatters who attempt to use fraudulent leases or fake documentation to stay in a property now face harsher penalties, including criminal charges. This update helps protect landlords from dishonest individuals trying to exploit the system.
Conclusion
To sum up, in the complicated world of Minnesota squatter rights, a misstep can mean months of legal battles. Smart landlords use every tool available to keep squatters out and reliable tenants in. LeaseRunner provides comprehensive lease agreements, tenant screening, and online rent collection because protecting your property starts with choosing the right tenants.
FAQs
Q1: What are squatters' rights in Minnesota?
Squatters' rights in Minnesota, legally known as adverse possession in MN, allow a person to potentially gain ownership of a property if they occupy it openly, continuously, and without permission for at least 15 years. Additionally, they must show exclusive possession of the property and, in some cases, prove they have paid property taxes for at least 5 years. However, squatters in Minnesota do not have immediate legal protections unless they establish tenant rights through an agreement, payment history, or extended occupation.
Q2: What state has the shortest squatters' rights?
The state with the shortest adverse possession period is California, where a squatter can potentially claim ownership of a property in just 5 years, provided they meet all legal conditions, including continuous occupation, open use, and payment of property taxes. Other states with relatively short time frames include Texas (5 years with tax payments) and Oregon (10 years).
