Disclaimer: This article is informational only and is not legal advice. Laws change and every situation differs. Consult a Washington attorney to get advice tailored to your facts.
Detailed Answer
What is a squatter? A squatter is a person who occupies real property without the owner’s permission and without a valid lease or purchase agreement. Squatters are different from lawful tenants (who have a lease or an oral rental agreement) and from guests. The steps an owner must take to remove someone who is squatting depend on whether the occupant has any legal claim (tenant, buyer in possession, licensee) or is simply trespassing.
1. Do not use “self-help” eviction
Under Washington law, owners should avoid changing locks, physically removing people or their belongings, or turning off utilities to force someone out. Self-help evictions can expose you to civil liability and criminal claims. Use court process instead.
2. If the occupant is committing a crime or there is an immediate danger
If the person poses an immediate threat or is committing criminal activity, call 911. Criminal trespass and related offenses are covered in the criminal code (see chapter RCW 9A.52).
3. If the occupant is a squatter (civil matter)
If the occupant has no permission and is refusing to leave, you generally must use civil unlawful-detainer/forcible-entry-and-detainer proceedings to regain possession. Washington’s summary process for regaining possession is in chapter RCW 59.12 (forcible entry and detainer) and related court rules.
Typical steps in that civil process:
- File a complaint for forcible entry and detainer or unlawful detainer in the appropriate court and request a hearing.
- The court serves the occupant with notice of the action. The occupant has a chance to respond and appear at the hearing.
- If the court finds in your favor, it issues an order awarding possession to you and directs the sheriff to remove the occupant (a writ of restitution or similar order).
- The sheriff enforces the order and physically removes the occupant and may remove belongings according to local rules and statutes.
How long does it take? Timeframes vary by county, court workload, and case complexity. A simple unlawful detainer may proceed fairly quickly (weeks), but complications (disputed tenancy, claims of ownership, or asserted defenses) can extend the timeline.
4. If the occupant claims to be a tenant or raises other legal defenses
Sometimes someone occupying the property will claim they are a tenant, that they paid rent, or that they have some ownership right. If they claim tenancy, the owner must follow landlord-tenant law (chapter RCW 59.18) and the unlawful-detainer process. If an occupant asserts an ownership interest (for example, adverse possession), those claims can complicate and lengthen the litigation. Adverse possession claims require meeting strict legal elements and statutory time periods.
5. After a court order — dealing with the occupant’s belongings
If the court orders removal, the sheriff usually supervises the physical eviction. Washington law and local rules control how to handle personal property left behind. Follow the court’s directions and local statutes to avoid liability for wrongful disposal of belongings.
6. Practical concerns when you plan to sell
An unresolved squatter can block a sale or reduce the buyer pool. Buyers and title companies often require clear possession and title before closing. Resolve possession through court order before closing, or disclose and structure the sale appropriately (for example, selling subject to occupant or agreeing to a closing condition). Consult a real estate attorney and your title company early.
7. When to get an attorney
Hire a Washington attorney if the occupant refuses to leave, claims tenancy or ownership, or if the situation involves violence, theft, or potential title defects. An attorney can file the proper court papers, represent you at hearing(s), and coordinate with the sheriff and title company.
Helpful Hints
- Document ownership: keep your deed, tax statements, and title insurance records handy.
- Gather evidence: photos of who is on the property, dates, communications, and any payments or written agreements.
- Ask occupants about their status: determine whether they claim to be tenants, licensees, or buyers in possession. That changes the legal route.
- Don’t lock out or remove people or property yourself. Washington law discourages self-help and can expose you to liability.
- Call police only for criminal activity or immediate danger; they may not remove civil occupants without a court order.
- File an unlawful detainer/forcible entry and detainer action under chapter RCW 59.12 if the occupant will not leave voluntarily.
- Talk with your title company if you’re preparing to sell; unresolved possession issues can affect closing and title insurance.
- Consider mediation or negotiated move-out if the occupant is cooperative—document any agreement in writing and get it court-approved if possible.
- Work with a local attorney experienced in Washington property and eviction law to speed the process and reduce legal risk.
For more on forcible entry and detainer proceedings in Washington see chapter RCW 59.12. For Washington criminal trespass statutes see chapter RCW 9A.52. For residential landlord-tenant rules see chapter RCW 59.18.