Squatters’ rights in New Jersey: A 2025 guide for your HOA or condo community

Important: The information in this article is for general informational purposes only and is not intended as legal advice. Laws change frequently and vary by jurisdiction. Always consult an attorney and your property management partner for the latest information regarding New Jersey squatters' rights.
 

What are squatters in New Jersey?

A “squatter” is a person who occupies a property without legal permission from the owner. In many cases, they enter vacant properties and establish residency, sometimes even setting up utilities in their name.

While squatters may seem like trespassers at first glance, the legal distinctions between the two can be nuanced. If someone has only very recently entered and there is clear evidence of unlawful entry, local law enforcement might determine the situation is a criminal trespassing offense. However, if the occupant is a squatter who has remained in a property for an extended period, law enforcement may recommend filing for an eviction or ejectment action through the courts. This is why it’s crucial for homeowners associations (HOAs), condos, and property managers to address unauthorized occupants swiftly and in compliance with New Jersey law.
 

What are squatters’ rights in New Jersey?

In New Jersey, squatters may seek to claim ownership of a property through a legal principle known as “adverse possession” if they meet specific criteria over an extended period. In New Jersey, adverse possession laws typically require a squatter to occupy a property for 30 years, or 60 years for “woodland or uncultivated tracts.” This timeframe can vary, so it’s essential to consult a qualified attorney for advice on your specific circumstances.

To successfully claim adverse possession in New Jersey, a squatter must prove the following:

• Continuous possession: Occupation must be uninterrupted for the entire statutory period (30 or 60 years).
   
• Open and notorious use: The occupation must be obvious enough that the rightful owner had a reasonable chance to notice and take action but did not.
   
• Exclusive possession: The squatter must be the sole occupant and not share possession with others, including the rightful owner.
   
• Hostile possession: This does not mean aggression or violence, only that the occupation is without the owner’s permission. Paying rent or otherwise acknowledging the landlord’s authority may negate the “hostile” element. If the squatter started out as a tenant and wants to claim adverse possession later, they may need to show a clear break in that permission (e.g., the landlord repudiated their tenancy, or they remained on the property openly contrary to the landlord’s interest for the full 30‐year period).
   
• Actual possession: The squatter must treat the property as their own.

Because these conditions are challenging to meet, few squatters successfully claim adverse possession. However, understanding these legal standards is vital for property owners, HOAs, and management companies seeking to protect community assets.
 

How to remove a squatter

In New Jersey, removing someone who occupies a property without authorization typically requires either an eviction (if they were once a tenant) or an ejectment (if they never had permission at all). Here are the steps boards and unit owners may consider:

1. Consult a qualified attorney: New Jersey’s rules are some of the strictest in the nation for residential tenants, and boards or unit owners may have unique concerns under their governing documents. An attorney can help file the correct legal action and determine that all state-specific notice and service requirements are met.
    
2. Determine occupancy status: Did the squatter ever have permission to be on the property (e.g., through a lease or rental agreement), or was their occupancy always unauthorized? Review the HOA or condo association’s bylaws and covenants to see if they outline specific procedures or powers for the board or unit owner. If the unit is individually owned, the HOA may need the homeowner’s cooperation to initiate formal legal proceedings.
    
3. Eviction: If the occupant was a tenant who stopped paying rent or stayed after the lease expired, the unit owner (for private units) or the board (for association-controlled property) may be required to use New Jersey’s eviction procedures in the Special Civil Part of the Superior Court. The responsible party must serve the required notice(s) based on the reason for eviction. Then, a Landlord–Tenant Complaint is generally filed in the Special Civil Part. At the eviction hearing, the unit owner or board may need to present the lease, evidence of nonpayment or breach, and any HOA or condo rules violated. If the court issues a judgment for possession, the occupant must vacate. If they refuse, a warrant of removal may be issued, and law enforcement may enforce the eviction.
    
4. Ejectment: If the occupant never had a right to be on the property (i.e., a trespasser or squatter), New Jersey law typically requires an ejectment action in the Chancery Division or Law Division of the Superior Court. Unlike a summary eviction, ejectment is more formal and may require the unit owner (for privately owned units) or the board (for association-owned property) to file a Complaint for Ejectment and serve the occupant with a summons. A hearing will be scheduled, during which the board or unit owner must prove that the occupant has no legal claim to remain on the property. If the court rules in favor of the unit owner or board, it may issue an order for the occupant to leave. If the occupant refuses, law enforcement may enforce the order and remove them.

Following these steps, and working closely with legal counsel, can help New Jersey HOAs, condo boards, and unit owners address unauthorized occupants while respecting due process and New Jersey’s strong tenant protections.
 

What can NJ property management companies do to prevent squatters?

A property management company provides critical support to HOAs and condos dealing with squatters. By leveraging industry expertise and legal knowledge, property managers can offer:

• Regular property inspections to identify potential unauthorized occupants early.
   
• Clear community guidelines that help prohibit unauthorized occupancy and establish penalties for violations.
   
• Documenting unauthorized occupants and gathering evidence for eviction cases.
   
• Working with legal professionals to help boards and owners navigate the eviction process efficiently.

FirstService Residential partners with community associations across New Jersey to provide tailored solutions that enhance security, protect property values, and support proactive management. Our expertise in compliance, security, and dispute resolution allows board members to focus on building strong communities. To learn more about how we can support your association, contact our team today.