Selling a house with squatters can be more complicated than a typical home sale. Property owners may need to address unauthorized occupancy, determine whether the occupants have any legal right to remain, and choose the appropriate process for regaining possession before or during the sale.
In Washington, the legal process can depend heavily on the facts. Someone who entered or remains without permission may potentially fall under Washington’s trespass laws, while someone claiming to be a tenant or legal occupant may require a different process. Washington law also provides a specific procedure that can allow law enforcement to remove certain unauthorized occupants when the statutory requirements are met.
If you’re wondering how to sell a house with squatters in Washington, this guide explains the important steps, potential selling options, and issues to consider.
Key Takeaways
- Selling a house with squatters in Washington is possible, but occupancy can create legal and practical complications.
- Determine whether the occupants are actually squatters, tenants, guests, or someone claiming another legal right.
- Washington provides a statutory procedure for removing certain unauthorized occupants when specific requirements are satisfied.
- Do not use self-help eviction methods or remove someone’s belongings without understanding the applicable law.
- Washington’s unlawful-detainer process may apply in certain possession disputes.
- Adverse possession has specific legal requirements; simply occupying a property does not automatically transfer ownership.
- You may consider a traditional listing, as-is sale, investor sale, or direct cash buyer depending on the property and occupancy circumstances.
- When in doubt, obtain legal advice before removing occupants or signing a sale agreement.
Can You Sell a House With Squatters in Washington?
Yes, a property owner can generally market and sell a house even when unauthorized occupants are present. However, the presence of squatters can create practical and legal complications that should be addressed before closing.
A buyer may want the property vacant before completing the transaction. Other investors may be willing to purchase a property with occupants, depending on the circumstances.
Before putting the property on the market, determine:
- How the occupants entered the property
- Whether they have ever had permission to occupy it
- Whether there is a lease or rental agreement
- Whether they claim to be tenants
- How long they have occupied the property
- Whether there are documents showing ownership or possession
- Whether police or court records are involved
- Whether the property is vacant or was previously rented
These details can influence which legal process applies.
What Is a Squatter?
A squatter is generally someone who occupies property without the owner’s permission or without a valid legal right to possess the property.
Squatters are different from tenants who are behind on rent or violating a lease. A tenant may have legal protections under Washington’s landlord-tenant laws, while an unauthorized occupant may potentially be treated as a trespasser.
Washington law defines first-degree criminal trespass as knowingly entering or remaining unlawfully in a building.
Because the distinction matters, property owners should avoid automatically assuming that anyone occupying the property is legally a “squatter.”
Squatters vs. Tenants in Washington
One of the first things to determine is whether the occupant is actually a tenant.
For example, someone could potentially claim tenancy if they:
- Have a written rental agreement
- Previously received permission to live there
- Paid rent
- Have records showing a landlord-tenant relationship
- Were invited by someone who had authority to provide possession
- Have other evidence supporting a right to occupy the property
A person who entered without permission and has no legal right to remain may present a different situation.
This distinction is especially important because Washington law restricts landlords from removing or excluding tenants except under an authorizing court order.
Do not use a self-help eviction simply because you believe someone is a squatter. Establish the person’s legal status before changing locks, removing belongings, shutting off utilities, or taking other steps that could create additional legal problems.
Washington’s Process for Removing Certain Unauthorized Occupants
Washington has a specific law addressing the removal of certain unauthorized persons from residential real property.
Under RCW 9A.52.105, a peace officer may have authority to remove an unauthorized person when the statutory requirements are satisfied. The property owner or authorized agent must provide a declaration containing specific statements, and law enforcement must consider credible evidence presented by the occupants showing that they are tenants, legal occupants, or guests or invitees of legal occupants.
The declaration process includes representations that:
- The person requesting removal is the owner or authorized agent.
- The occupants are unauthorized.
- They were not authorized to enter or remain.
- They are not tenants or certain former tenants/homeowners within the statutory period.
- The owner demanded that they leave.
- The property was not abandoned when they entered.
- The property was not open to the public when they entered.
The owner also acknowledges restrictions concerning the removal of occupants and their personal property.
Because making false statements in the declaration can create liability, owners should carefully verify the facts before using this procedure.
Step 1: Document the Squatter Situation
Before attempting to sell the property, collect as much documentation as possible.
Useful records may include:
- Proof of ownership
- Property records
- Photographs of the property
- Security-camera footage
- Police reports
- Written communications
- Notices delivered to occupants
- Evidence of unauthorized entry
- Previous lease agreements
- Utility records
- Neighbor statements
- Documentation showing when the property became vacant
Documentation can help establish what happened and may become important if the situation turns into a legal dispute.
Step 2: Determine Whether the Property Was Abandoned
The circumstances surrounding the property can matter under Washington law.
For example, the statutory procedure for removing certain unauthorized persons requires the owner’s declaration to state that the premises were not abandoned when the unauthorized occupants entered.
This is one reason owners of vacant homes should not simply assume that an occupant has no legal claim.
If the property was inherited, recently foreclosed, vacant for an extended period, or involved in another complicated situation, getting legal guidance can help clarify the appropriate process.
Step 3: Give the Appropriate Notice When Required
The correct notice depends on the occupant’s legal status and the circumstances.
Washington’s unlawful-detainer statutes contain different procedures for different situations. For example, RCW 59.12.030 addresses several circumstances involving unlawful detainer, including certain situations involving people who enter land without permission and refuse to leave after the required notice.
Notice requirements and service methods matter.
Washington law also establishes specific methods for serving notices under Chapter 59.12, including requirements concerning delivery, mailing, posting, and additional time when service is made by mail.
Do not use a generic eviction notice without determining which rule applies to your situation.
Step 4: Consider Whether Court Action Is Necessary
If the occupant disputes your right to possession, the matter may need to proceed through the courts.
Washington’s unlawful-detainer laws provide a legal process for determining possession. Depending on the case, a court can issue an order restoring possession and a writ of restitution.
The appropriate legal process may vary depending on whether the person is:
- A true tenant
- A former tenant
- An unauthorized occupant
- A guest
- A trespasser
- Someone claiming ownership
- Someone claiming another legal right to possession
That is why identifying the occupant’s status should happen before taking aggressive action.
Can You Sell a House Before Removing Squatters?
Technically, a property can be marketed while occupants remain, but selling a house with squatters creates additional challenges.
A buyer may want:
- Vacant possession
- Clear title
- No pending possession dispute
- No occupant-related liability
- Access for inspection
- The ability to take possession at closing
Some investors may still consider properties with complicated occupancy situations, particularly when purchasing properties as-is.
However, every buyer has different requirements.
If you’re planning to sell before the occupants are removed, disclose the situation accurately and understand exactly what the purchase agreement requires regarding possession.
Selling a House With Squatters to a Cash Buyer
A direct cash sale can be an option worth considering when a property has occupancy problems, major repairs, or other complications.
A cash buyer may evaluate the property based on its current condition rather than requiring the same preparation associated with a traditional listing.
Potential advantages can include:
- Selling the property as-is
- Avoiding extensive repairs
- Reducing preparation before marketing
- Working directly with a buyer
- Potentially avoiding multiple public showings
- Discussing the occupancy situation upfront
However, a cash buyer does not eliminate legal requirements related to possession. The buyer may still require the property to be vacant or may need to understand the occupant situation before closing.
Traditional Listing vs. Direct Cash Sale
| Consideration | Traditional Listing | Direct/Cash Buyer |
|---|---|---|
| Property condition | Repairs may be recommended | Some buyers may consider as-is properties |
| Squatter situation | May complicate showings and buyer interest | Occupancy can be discussed directly |
| Showings | Potentially multiple | May involve fewer buyer visits |
| Preparation | Usually more preparation | Potentially less preparation |
| Timeline | Depends on market and transaction | Depends on buyer and transaction |
| Possession | Buyer may require vacant possession | Requirements vary by buyer |
| Legal issues | Must still be addressed | Must still be addressed |
The right approach depends on the property, occupant situation, legal status, and seller’s goals.
Can Squatters Claim Ownership of a Washington Property?
Squatter stories often involve the term adverse possession, but simply occupying someone else’s property does not automatically make an occupant the owner.
Washington has specific adverse-possession statutes and requirements. For example, RCW 7.28.050 addresses certain adverse-possession claims involving actual, open, and notorious possession for seven successive years when the statutory title requirements are met.
Other adverse-possession rules and circumstances can apply as well.
Therefore, property owners should not assume that an occupant will automatically gain ownership simply because the person has been living at the property for some period of time.
If someone is actually asserting an ownership interest, obtain legal advice before attempting to sell or remove the person.
What Not to Do When Selling a House With Squatters
Trying to remove occupants yourself can create additional legal exposure.
Avoid:
Changing the Locks Without Legal Authority
Do not assume that changing the locks is lawful simply because you believe the occupant is a squatter.
Removing Their Belongings
Do not throw away, sell, or otherwise take an occupant’s property without understanding the applicable legal requirements.
Shutting Off Utilities
Using utilities as a way to force someone out can create serious legal issues, particularly if the person is legally considered a tenant.
Using Threats or Physical Force
Do not attempt to physically remove occupants yourself.
Misrepresenting the Situation to Police
Washington’s statutory declaration process requires specific statements under penalty of perjury. False statements can create legal consequences.
Hiding the Occupancy Problem From Buyers
If you’re selling the property, be transparent about material occupancy and possession issues. Misrepresenting the condition of the transaction can create problems later.
How to Prepare a Squatter-Occupied House for Sale
Once the possession issue is being handled appropriately, start preparing the property for a potential sale.
- Gather Property Documents
Collect your deed, mortgage information, tax records, insurance documents, and other ownership records. - Document Property Condition
Take photographs and record visible damage before making repairs or cleaning the property. - Secure the Property Lawfully
Once you have legal possession, address broken doors, windows, locks, fencing, lighting, and other security concerns. - Evaluate Repairs
Determine whether repairs make financial sense or whether selling the property as-is would be more practical. - Get a Property Valuation
Understand the property’s approximate market value and how occupancy or damage could affect potential offers. - Choose a Selling Strategy
Depending on the situation, you may consider:
- Traditional listing
- Investor sale
- Direct cash buyer
- As-is sale
- Selling after the property is vacant
Selling an Abandoned House With Squatters
Abandoned properties can attract unauthorized occupants because they may appear unoccupied or unsecured.
If you own an abandoned house, regularly inspect the property where lawful, maintain security measures, and document its condition.
If unauthorized people enter, address the situation promptly and determine whether the circumstances qualify for Washington’s statutory removal procedure or require another legal process.
The fact that a property appears abandoned does not mean an owner should skip the required legal steps.
What If the Squatter Damaged the House?
Property damage can make the situation even more difficult.
Document:
- Broken windows
- Damaged doors
- Plumbing problems
- Electrical damage
- Missing fixtures
- Trash or debris
- Water damage
- Structural problems
- Unauthorized modifications
Photographs, repair estimates, police reports, and other documentation can help establish the property’s condition.
If you plan to sell the property as-is, understand that serious damage may affect the buyer pool and the price offered.
What If You Inherited a House With Squatters?
Inherited properties can create additional complications because the new owner may discover unauthorized occupants after receiving the property.
Before attempting to sell:
- Confirm ownership.
- Review estate and property records.
- Determine how the occupants entered.
- Find out whether any rental agreement exists.
- Document the property’s condition.
- Determine the appropriate possession process.
- Consult a Washington attorney if the occupants dispute your ownership or right to possession.
Once the possession issue is properly addressed, you can evaluate whether selling traditionally or selling the property as-is makes more sense.
Should You Remove Squatters Before Selling?
There is no single answer for every property.
Removing the occupants first may make the property easier to market because many buyers prefer vacant possession. On the other hand, resolving a complicated occupancy dispute may take time and may involve legal expenses.
Some sellers may instead explore a direct sale to a buyer willing to evaluate the property with the situation disclosed.
Consider:
- The legal status of the occupants
- Property condition
- Repair costs
- Potential legal expenses
- Desired timeline
- Market conditions
- Buyer requirements
- Whether vacant possession is necessary
The important point is to resolve possession issues through the appropriate legal process rather than assuming that selling the property eliminates them.
How Long Does It Take to Sell a House With Squatters?
There is no universal timeline.
A straightforward sale can move relatively quickly once the property is legally available for possession. A disputed occupancy situation can take longer if notices, court proceedings, or other legal steps are required.
The timeline can depend on:
- Whether the occupants leave voluntarily
- Whether they claim to be tenants
- Whether they dispute the owner’s rights
- Whether law enforcement can act under the applicable statute
- Whether court proceedings are necessary
- Property condition
- Buyer requirements
- Title issues
- Financing
For this reason, avoid promising a specific closing date until the occupancy and transaction issues have been reviewed.
Common Mistakes When Selling a House With Squatters
Mistake 1: Assuming Every Unauthorized Occupant Is a Squatter
The legal status of the occupant matters.
Mistake 2: Removing Someone Without Following the Proper Process
Washington law contains specific rules governing possession and removal.
Mistake 3: Ignoring Documentation
Keep records of ownership, communications, property condition, and interactions related to the occupancy.
Mistake 4: Waiting Too Long
Leaving a vacant property unsecured can increase the risk of additional damage or unauthorized entry.
Mistake 5: Hiding the Situation From Buyers
Be accurate and transparent about material occupancy and possession issues.
Mistake 6: Assuming a Cash Buyer Solves the Legal Problem
A cash buyer can purchase a property in many different conditions, but the seller still needs to address applicable legal requirements.
Conlcusion
How to sell a house with squatters in Washington depends largely on the occupant’s legal status and the circumstances surrounding their possession. Before putting the property on the market, document the situation, determine whether the occupants have any legal right to remain, and use the appropriate Washington process to address possession.
Once the situation is properly handled, you can compare your selling options, including a traditional listing, an as-is sale, or a direct sale to a cash buyer. The right approach will depend on the property’s condition, your timeline, buyer requirements, and the legal circumstances surrounding the occupants.