Tennessee squatters’ rights: A 2025 guide for HOAs and condo associations

What are squatters?

A squatter is someone who lives on a property without permission from the owner and without a lease or rental agreement. This usually happens when a home, building, or piece of land sits vacant for a long time and someone moves in without notifying the owner.

In Tennessee, squatters who meet very specific legal conditions may try to claim ownership through a process called adverse possession. That’s why it’s important for property owners and board members to act quickly when they discover unauthorized occupancy.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Understanding adverse possession

Adverse possession is the process by which squatters in Tennessee could eventually claim ownership of a property. To qualify for adverse possession in Tennessee, the person must meet conditions typically described as:

1. Continuous possession: The possessor must occupy the property for 20 consecutive years or seven consecutive years under color of title which has been recorded for at least 30 years.
    
2. Hostile possession: The occupation must be without the owner’s permission.
    
3. Open and notorious possession: The possessor must act in a way that makes their presence obvious to anyone, including the owner.
    
4. Actual possession: The possessor must physically occupy and use the property, not just claim it on paper.
    
5. Exclusive possession: The possessor can’t share the space with the owner or others.

Many boards and owners turn to professional property management companies like FirstService Residential to help them monitor their properties, stay ahead of potential risks, and take the right steps when dealing with challenges in their building or community.
 

What is color of title in Tennessee?

Color of title refers to a document that appears to give someone ownership of a property. This often involves an outdated or incorrect deed that seems valid on paper. In Tennessee, if a squatter has color of title recorded for a thirty-year period, they may be able to establish title after seven years of continuous possession instead of the standard 20. While not common, it can impact how adverse possession claims are handled.
 

Squatters vs. holdover tenants explained

A squatter often moves into a property without the owner’s permission, while a holdover tenant stays after their lease has ended. In Tennessee, removing holdover tenants usually requires a formal court process under the forcible entry and detainer laws. A holdover tenant may still have some protections under the Uniform Residential Landlord and Tenant Act (URLTA) in qualifying counties (URLTA generally applies in counties over 75,000 population per the 2010 census) while a squatter might attempt to claim adverse possession if they’ve been there long enough. It’s always smart to consult legal counsel early and handle the situation the right way from the start.
 

Can you evict a squatter in Tennessee?

Potentially, but owners must follow a formal legal process for removal. “Self-help” eviction tactics like shutting off utilities or changing locks can expose the owner to liabilities. As of July 1, 2024, property owners (or authorized agents) can file a checklist complaint with the sheriff requesting immediate removal of a squatter occupying a residential property without court proceedings, assuming all statutory conditions are satisfied.

Conditions include:

• The requesting person is the property owner or authorized agent of the property owner
   
• The real property that is being occupied includes a residential dwelling
   
• An unauthorized person has unlawfully entered and remains or continues to reside on the property
   
• The real property was not open to members of the public at the time the unauthorized person entered
   
• The property owner has directed the unauthorized person to leave the property
   
• The unauthorized person is not a current or former tenant pursuant to a written or oral rental agreement authorized by the property owner
   
• The unauthorized person is not an immediate family member of the property owner
   
• There is no pending litigation related to the real property between the property owner and any known unauthorized person

The sheriff then serves a notice to vacate and restores possession if verified.

Outside that narrow expedited path, the process usually starts with a detainer action. If the court rules in the owner’s favor, a writ of possession is issued and the sheriff executes the removal. However, if the occupant claims they meet the requirements for adverse possession, the case may become more complex and can evolve into a title dispute. Owners who discover someone living on their property without permission should consult with qualified legal counsel as soon as possible. Acting early is the best way to avoid a long-term legal issue.
 

How to prevent squatters

There are a few proactive steps owners can take to help protect their property and minimize the risk of unauthorized occupants:

• Put things in writing: If someone’s staying on the property with your permission, even briefly, a short written agreement can help avoid confusion later.
   
• Check in regularly: Walk the property and keep up with ongoing maintenance services to signal that the space is actively managed.
   
• Add signage and security: “No Trespassing” signs, exterior lighting, and cameras can help discourage unwanted activity.
   
• Stay in touch with neighbors: Ask trusted contacts to keep an eye out and let you know if they see anything unusual.

How a property management company can help

A professional property management company can play a key role in protecting communities from issues related to Tennessee squatters’ rights. From routine checks to legal coordination, professional management can help boards and owners maintain control and minimize liability.

Here’s how FirstService Residential can support your community:

• Routine inspections: Scheduling regular walkthroughs and documenting signs of unauthorized occupancy.
   
• Financial management: Maintaining documentation to help support removal filings and tax records.
   
• Legal coordination tailored to Tennessee: Working with your board’s legal counsel to respond quickly and appropriately to suspected squatters.
   
• Coordinating with vendors: Our network of local vendors includes locksmiths, security, and cleanup teams that can help secure a vacant unit after lawful removal.

FirstService Residential has helped boards and owners in Tennessee reduce risk, preserve property values, and navigate complex occupancy issues. If you have questions about Tennessee squatters’ rights or are dealing with a property access issue, contact FirstService Residential today.