Pennsylvania squatters' rights: A 2025 guide for your HOA 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 Pennsylvania squatters' rights.

Managing a homeowners association (HOA) or condominium association involves overseeing a wide range of responsibilities, from maintaining property values to navigating legal complexities. One issue that board members may encounter is the presence of squatters — individuals who occupy a property without legal ownership or lease agreements. Understanding Pennsylvania’s laws on squatters’ rights is critical to effectively handling these situations while protecting the community and its residents.
 

What are Pennsylvania squatters' rights?

Squatters' rights, legally referred to as adverse possession, may allow a person who occupies a property for a prolonged period to claim legal ownership under specific conditions. While squatters do not initially have any legal claim to the property, Pennsylvania law provides a pathway for them to obtain ownership if they meet certain requirements over time.

For Pennsylvania HOA and condo board members, dealing with squatters can be challenging, particularly when their presence leads to security concerns, unauthorized use of amenities, or potential legal disputes. The ability to respond appropriately requires an understanding of state law, including recent legislative changes such as Act 88 of 2024, which directly impacts how communities can address squatting issues.
 

Pennsylvania’s legal framework on squatters

In Pennsylvania, adverse possession laws require that a squatter occupy a property continuously for 21 years before they can make a legal claim to ownership. During this period, their possession must meet several legal standards:

1. Actual possession: The individual must physically occupy and use the property.
    
2. Exclusive possession: The occupation cannot be shared with others, including the rightful owner.
    
3. Open and notorious possession: The squatter must not conceal their presence; it must be obvious to the public and the property owner.
    
4. Hostile possession: This does not imply aggression, but rather that the squatter does not have permission to be on the property. Paying rent or otherwise acknowledging the landlord’s authority negates the “hostile” element. If the squatter started out as a tenant and wants to claim adverse possession later, they would have 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 21‐year period).
    
5. Continuous possession: The individual must occupy the property without interruption for the entire statutory period.

Given the long timeline required for adverse possession claims, most squatters do not achieve legal ownership. However, their presence can still create problems for HOAs and condo associations, making swift and lawful action crucial.
 

How Act 88 of 2024 impacts squatters’ rights

Act 88, which amends the Landlord and Tenant Act of 1951, clarifies that individuals who have never been tenants of a property are not entitled to the statutory “notice to quit” period. Instead, these unauthorized occupants may be removed through legal action (commonly referred to as ejectment), allowing property owners — including HOA and condo boards — to bypass the usual eviction requirements that apply to actual tenants.

Act 88 does not change the 21-year timeline for adverse possession or create new criminal penalties. Instead, it reinforces that squatters cannot assert the same rights as lawful tenants under the Landlord and Tenant Act.

A professional property management company like FirstService Residential can help boards maintain compliance with Pennsylvania laws, minimizing prolonged disputes and unnecessary legal expenses.
 

What can an HOA or condo do about squatters?

Pennsylvania law provides two primary legal pathways for removal: eviction (if the individual was initially allowed on the property as a tenant or guest) and ejectment (for cases where no landlord-tenant relationship exists).
 

Eviction

If an individual initially entered the property legally — such as a tenant who stopped paying rent or a guest who refused to leave — the removal process is typically governed by Pennsylvania’s Landlord and Tenant Act of 1951. This process may vary depending on the specific circumstances but can include:

1. Serving a notice to quit: The unit owner (for private units) or the board (for association-owned property) issues a written demand for the squatter to vacate. The required notice period may depend on the length of the lease.
    
2. Filing a landlord-tenant complaint: If the individual does not leave within the notice period, the unit owner or board files a complaint in court, requesting a formal eviction hearing.
    
3. Attending the court hearing: Both the unit owner/board and the squatter have the opportunity to present evidence. If the court rules in favor of eviction, a judgment for possession may be issued.
    
4. Waiting for the Order of Possession: After a ruling in favor of the unit owner/board, the individual typically has 10 days to vacate voluntarily. If they do not leave, the court will issue an Order of Possession.
    
5. Law enforcement removal: If the individual refuses to leave after receiving the Order of Possession, the local sheriff may remove them from the property.

Ejectment

For squatters who were never legal tenants or guests, Pennsylvania provides a process for removal through an ejectment action. This process varies but may include:

1. Filing a complaint for ejectment: The unit owner (for private property) or the board (for association-owned property) files an ejectment lawsuit, typically in the Pennsylvania Court of Common Pleas. Unlike eviction cases, ejectment may require a higher-level court proceeding.
    
2. Serving the squatter with legal notice: The court issues a summons, which must be legally delivered to the squatter, notifying them of the lawsuit and their obligation to appear in court.
    
3. Presenting evidence in court: The unit owner or board must prove that the squatter has no legal right to occupy the property. Evidence may include property deeds, governing documents, and testimony from board members or neighbors. Consult an attorney for advice specific to your situation.
    
4. Obtaining a court order for ejectment: If the judge rules in favor of the unit owner or board, they may issue an Ejectment Order requiring the squatter to vacate the premises.
    
5. Enforcing removal through law enforcement: If the squatter does not leave voluntarily, the unit owner or board may request the assistance of the local sheriff to physically remove them.

Prevention is the most effective strategy. Regular inspections and routine walkthroughs of vacant units can help identify early signs of unauthorized occupancy. Verifying that all agreements and sales transactions are properly documented can help reduce the risk of fraudulent occupation claims. Additionally, securing entrances to vacant units and installing surveillance cameras can help deter squatters.
 

How can a property management company help?

Handling legal and security issues, including squatter-related issues, can be overwhelming for volunteer board members. Partnering with a professional property management company like FirstService Residential can provide boards with essential support, so HOAs and condos can effectively address squatting issues while focusing on broader community needs.

FirstService Residential has decades of experience supporting HOAs and condos in Pennsylvania by implementing preventive measures, guiding boards through legal removals, or coordinating with our network of trusted attorneys. For more information, contact a member of our team today.