Being a landlord offers tremendous rewards—providing housing for others while building wealth for your family. However, it's not without challenges. One of the most concerning issues landlords face is dealing with squatters, or as Tennessee law refers to them, occupants "without permission."
Understanding the Terminology
While the dictionary defines a squatter as "a settler who has no legal title to the land occupied, typically one on land not yet allocated by a government," this doesn't capture what modern landlords encounter. The Tennessee Landlord and Tenant Act doesn't use the term "squatter" but instead refers to occupants "without permission"—a more accurate description for our purposes.
Trespasser vs. Squatter: A Critical Distinction
The difference between a trespasser and a squatter hinges on one key factor: establishing residency. Until someone establishes residence, they're merely trespassing, which is a law enforcement matter that can be resolved quickly. Simply contact your local police or sheriff's department to report and remove the trespasser.
The truth is, most "squatters" in Class B or C properties are actually trespassers. They rarely have the resources to establish legal residency, so these situations can typically be handled by local law enforcement.
The real squatter problem emerges in nicer homes that sit vacant—properties owned by snowbirds, world travelers, or vacation homeowners. Professional squatters target these homes, move in, and stay until forcibly removed through legal channels.
When It Becomes a Legal Matter
Once an occupant takes certain actions, the situation transforms from a police matter to a civil one. These actions include:
- Placing furniture in the house
- Turning on utilities
- Receiving mail at the address
- Other indicators of establishing residence
At this point, they're no longer a trespasser but a "tenant without permission," requiring a different legal approach.
Why Can't You Just Remove Them?
I know what you're thinking: "Why can't I just throw them out?" The answer comes down to protecting everyone's rights. Not all landlords operate honestly, and some will bend the rules to remove legitimate tenants.
Once someone has established residence, the court must determine who's telling the truth. This legal protection works both ways.
The Removal Process
To remove an unauthorized tenant, you must follow the judicial process—similar to a standard eviction, but with key differences:
Step 1: File a Detainer Warrant. Go to court and obtain a detainer warrant summoning the unauthorized tenant. Unlike regular evictions, there's no grace period to wait for (since there's no lease) and no two-week notice requirement (since they're there without permission).
Step 2: Attend Court. Approximately two weeks later (timing varies by county), you'll appear in court to prove they're tenants without permission. Be prepared—professional squatters often arrive with fabricated evidence including forged leases, utility bills, and even voter registration. I strongly recommend retaining a lawyer with landlord-tenant expertise.
Step 3: Wait for the 10-Day Period. If you win, the court gives the unauthorized tenant ten days to remove their belongings.
Step 4: Execute the Writ of Possession. If they haven't left after ten days, return to court for a "writ of possession." This document authorizes you to remove their belongings—but you cannot do it alone. You must schedule an appointment with sheriff's deputies to escort you. Bring a team to remove the items; the deputies are there solely to keep the peace.
Step 5: Secure Your Property. Once they're out, secure the property and implement measures to prevent future incidents.
Keep Perspective
I know this information can be frustrating, even frightening. But don't let it deter you from real estate investment. While squatters do happen, they're rare. In my 30-plus-year career managing hundreds of units, I've encountered only two squatters—and both were professionals.
Despite the challenges, real estate investment remains, in my opinion, one of the best ways to build lasting wealth.
