Minnesota squatters' rights: A 2025 guide

Important: The information provided in this article is not intended as legal advice. Laws change frequently and vary by jurisdiction. Always consult your attorney and property management partner for the latest information regarding Minnesota squatters' rights and the eviction process in Minnesota.

Few things frustrate Minnesota property owners more than discovering an unauthorized occupant on their property. Whether it’s a high-rise unit, condominium, cooperative, townhome, or master-planned community residence, unauthorized occupants — often referred to as squatters — can pose a challenge.

Like most states, Minnesota has adverse possession laws that could allow a squatter to claim ownership of a property. While this might sound concerning, the reality is that Minnesota law sets a high bar for these claims. A squatter must meet strict requirements, including 15 years of continuous occupation, before they can even attempt to claim legal ownership.

In this guide, we’ll break down how Minnesota squatters’ rights work, what steps you can take to protect your property, and how a Minnesota property management company like FirstService Residential can help you safeguard your investment.
 

What are squatters’ rights in Minnesota?

“Squatters’ rights” refers to a legal principle that may allow someone living on a Minnesota property without the owner’s permission to eventually claim ownership. This process, known as adverse possession, requires the occupant to meet strict legal criteria.

The Minnesota standard for adverse possession is defined in Minnesota Statute 541.02 and typically includes occupation that is open, notorious, actual, hostile, exclusive, and continuous:

• Open and notorious means the squatter is not hiding their presence.
   
• Actual implies they are physically present on the property.
   
• Hostile doesn’t mean aggression; it simply means they’re occupying the property without the owner’s consent.
   
• Exclusive means they are not sharing the property with the owner or other occupants.
   
• Continuous means they must remain on the property without significant gaps for the entire period of their occupancy.

Do squatters have to pay property taxes?

While paying property taxes can strengthen a claim, it is not always required under Minnesota law. Minnesota distinguishes between two scenarios:

• Standard adverse possession: In many cases, the 15-year occupation requirement applies whether or not the squatter has paid property taxes.
   
• Separate parcel rule: If the land is assessed as its own separate taxable parcel, then the squatter may be required to have paid property taxes for at least five consecutive years within the 15-year period. Note: If the claim involves a property line dispute, the squatter may not have to show proof of tax payments.

For board members and building owners in Minnesota, staying current on property taxes and actively managing common areas can help prevent adverse possession claims from gaining legal traction.
 

How to evict a squatter in Minnesota

In Minnesota, owners must follow the formal eviction process to evict a squatter. This includes providing proper notice (if required), filing an eviction action in court, getting a court order for eviction, and contacting law enforcement to remove the tenant if necessary. Owners cannot change locks, shut off utilities, or remove a squatter’s belongings without a court order. This would be considered illegal self-help eviction under Minnesota squatters’ rights laws. Because Minnesota law varies by county or local ordinances, you should always consult your attorney and property management partner for the latest information regarding squatters' rights and the eviction process in Minnesota.

While some states require a “five-day notice,” Minnesota doesn’t typically impose a uniform five-day rule. As a property owner, you may serve a notice to vacate or a short notice demanding the occupant leave, but you can often proceed directly to filing an unlawful detainer if needed. If you do opt to serve a written notice, it’s a good practice to specify the occupant’s name (if known), the property address, reason for eviction, and a reasonable timeframe to vacate.
The next step is usually filing an Unlawful Detainer lawsuit in district court. This action formally sets the eviction process in motion. You’ll likely need to show that the occupant has no valid lease or legal right to remain on the property. If the court rules in your favor, you’ll receive a Writ of Recovery of Premises, which authorizes law enforcement to help you retake possession.

Only law enforcement officers (typically the sheriff’s office) can physically remove a squatter and their belongings after the eviction order is granted. Property owners should not attempt to remove items themselves, as doing so could result in legal liability. If the tenant leaves belongings behind, the landlord must store them for at least 28 days. The tenant can reclaim their belongings during this time, but after 28 days, the landlord may dispose of them.
 

Why do Minnesota squatters’ rights exist?

Minnesota squatters’ rights were established to encourage property owners to actively monitor and manage their properties, preventing land from being abandoned or falling into disrepair. These laws were meant to target properties that had been neglected for decades, with no oversight from the legal owner. In those rare situations, courts may consider whether another individual has effectively stepped into the role of ownership.

That being said, Minnesota law does not make it easy for squatters to claim property. Courts expect clear, long-term evidence of occupation. Proactive property management — whether through regular inspections, maintenance, or professional oversight — can help lower the risk of facing a legitimate adverse possession claim.
 

Squatters’ rights: How a Minnesota property management company can help

Partnering with a Minnesota property management company can help mitigate the risks associated with squatters and adverse possession. Here are some of the benefits of working with a professional management partner like FirstService Residential:

• Tenant screening: A robust screening process can help identify qualified tenants, reducing the risk of renting to individuals who may attempt to overstay their lease or claim unlawful possession of the property.
   
• Regular property inspections: Consistent property checks can help discourage anyone from establishing unauthorized occupancy.
   
• Proper documentation: Keeping detailed records of property conditions, occupancy status, maintenance, and occupant communications can help clarify if and when someone attempted to claim the property.
   
• Legal action: Property management professionals typically have relationships with a network of local attorneys experienced in Minnesota eviction law or adverse possession cases. This can help streamline your legal approach.
   
• Compliance: When serving notices or scheduling court hearings, property managers act as a liaison between the board or owner, occupant, and any involved law enforcement or court officials. Clear communication can help verify that the eviction process complies with Minnesota law.

Whether you own a luxury high-rise unit, a townhome in a master-planned community, or a multi-family building, FirstService Residential can help mitigate squatter risks. Contact a member of our team today to learn how we can help you maintain, protect, and enhance the value of your Minnesota property.