Understanding squatters’ rights in Kansas

What is a squatter?

A squatter is someone who occupies property without a lease, ownership interest, or permission from the owner or an authorized tenant. Squatters may enter a vacant home, commercial space, or mobile home and remain there without paying rent.
 

Squatter vs. trespasser

Kansas law defines a squatter as “a person occupying a dwelling who is not entitled to occupy the dwelling under a lease or rental agreement nor authorized by a tenant to occupy the dwelling.” The definition excludes “a tenant who holds over in periodic tenancy” (2026 Session Laws of Kansas, ch. 56, § 7(b)(4)).

Kansas law defines criminal trespass as knowingly entering or remaining on land, a nonnavigable body of water, structure, vehicle, aircraft, or watercraft without authorization and under circumstances such as ignoring an order to leave, entering posted or locked property, or violating certain protective orders (K.S.A. § 21-5808).
 

What are squatters’ rights in Kansas?

Squatters’ rights in Kansas generally involve a process called adverse possession. Adverse possession is a legal process that may allow someone to gain ownership after occupying property for the required period.

Generally, the possession must be:

• Open: The person’s use of the property is visible rather than hidden.
   
• Exclusive: The person possesses the property without sharing control with the legal owner or the general public.
   
• Continuous: The possession continues for the full 15-year period.
   
• Adverse or under a belief of ownership: The person either knows the claim conflicts with the owner’s rights or believes the property belongs to them.
   
• Uninterrupted for 15 years: The statutory period must generally be completed before an adverse possession claim can succeed.

Kansas’s statute does not say that paying property taxes or holding written “color of title” is required for every adverse possession claim. The outcome depends on the evidence and circumstances.
 

The Removal of Squatters Act

Kansas enacted the Removal of Squatters Act in 2026. The law created an expedited process for owners or their authorized agents to ask local law enforcement to remove certain unauthorized occupants from a dwelling.

The act may apply when the occupant:

• Entered and remains in the property without permission
   
• Is not covered by a lease or rental agreement
   
• Was not authorized to stay by a tenant
   
• Is not a tenant or holdover tenant
   
• Is not an immediate family member of the owner

The owner or authorized agent must first provide notice at the property, request that the person leave, and submit a notarized affidavit to the local law enforcement agency. Upon verification and at least 24 hours after receiving the affidavit, law enforcement may serve notice directing the unauthorized occupant to vacate immediately.
 

Fees and penalties under the Removal of Squatters Act

The law allows local law enforcement to charge a processing fee of up to $50. Anyone who knowingly submits a false affidavit may face legal penalties. A person who is wrongfully removed may also ask the court to restore possession and award damages, court costs, and attorneys’ fees.
 

When is a standard eviction required?

A standard eviction may be necessary when the occupant is a tenant, former tenant, holdover tenant, or someone who may have received permission to live at the property. Owners should not attempt to use the faster squatter removal process simply because a tenancy is disputed or documentation is missing.
 

What should owners avoid when removing squatters?

Owners should not use force, threaten occupants, dispose of belongings, or shut off utilities without first receiving legal advice. They should also avoid filing an expedited removal affidavit when the person may be a legitimate tenant or family member.

A knowingly false affidavit can lead to criminal charges. Wrongful removal may also expose the owner to significant civil damages under the Removal of Squatters Act.
 

Tips for preventing squatters

Preventing unauthorized occupancy is usually easier than resolving it after someone has moved in. Owners and community associations can take several practical steps:

• Work with qualified counsel: Legal guidance can help distinguish squatters from tenants and identify the appropriate process.
   
• Inspect vacant property regularly: Use a written schedule and document each visit.
   
• Secure entry points: Repair broken locks, doors, windows, fences, and gates promptly.
   
• Post signs: Clearly mark private property and restricted areas where appropriate.
   
• Maintain the exterior: Uncollected mail, overgrown landscaping, and unrepaired damage can signal that a property is vacant.
   
• Use lighting or security systems: Cameras, alarms, and motion-activated lighting may discourage unauthorized entry.
   
• Keep ownership records available: Deeds, tax records, inspection reports, and photographs can help establish the property’s history.

These steps can help reduce the risks connected with squatters’ rights in Kansas while protecting residents and association property.
 

What should an HOA do if a squatter is discovered?

The board should first determine whether the property is association-owned, privately owned, or controlled by another party. Management can document visible conditions and contact the responsible owner, but the association may not have authority to remove someone from a privately owned home.

For common property, the board should contact association counsel and local law enforcement before taking action under squatters’ rights in Kansas.
 

How FirstService Residential can help

As North America’s leading community association management company, FirstService Residential serves Kansas communities with local expertise backed by national resources. We can help reduce the risk of squatting by keeping properties actively monitored and professionally maintained.

That may include things like regular inspections, vendor coordination for lawn and exterior upkeep, secure key control, and a fast response when something looks wrong. If an unauthorized occupancy situation occurs, management can help document conditions, coordinate notices, and work with legal counsel to comply with Kansas squatters’ rights laws.
 

About FirstService Residential

Our teams support board members with meetings, recordkeeping, resident support services, financial management, banking and insurance programs, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.

With decades of experience, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence. To learn how we can support your association, contact our Kansas team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.