DC squatters’ rights: What your HOA or condo community should know

What are DC squatters’ rights?

“DC squatters’ rights” typically refers to the legal concept of adverse possession in Washington DC, which may allow someone to claim ownership of property if they meet strict criteria over an extended period — specifically 15 years under DC law.

In practice, adverse possession claims are rare and difficult to win. Most importantly, they don’t happen overnight. Property owners, homeowners associations (HOAs), and condo associations (COAs) have many tools at their disposal to prevent such claims from progressing.

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.
 

Requirements for adverse possession

To succeed in an adverse possession claim in DC, a squatter must meet six specific requirements:

1. Hostile possession: The person occupying the property must not have permission from the owner.
    
2. Actual possession: The squatter must physically occupy the property. This could mean living there, maintaining it, or making improvements.
    
3. Open and notorious possession: The occupation must be obvious to others, not secretive.
    
4. Exclusive possession: The squatter must act as the sole owner, not sharing possession with the legal owner or the public.
    
5. Continuous possession: The squatter must occupy the property continuously for 15 years. Gaps in occupation may reset the timeline.
    
6. Acting as an owner: The squatter must behave like an owner would — such as maintaining the property, making repairs, or even paying property taxes (though paying taxes is not strictly required for an adverse possession claim in DC).

In practice, successful adverse possession claims under DC squatters’ rights are rare. Associations with active owners, building staff, and management professionals would usually notice unauthorized occupancy long before the 15-year mark. Common areas are even less likely to be successfully claimed, as shared spaces do not typically meet the “exclusive possession” requirement. HOAs and condos should also consult their governing documents and qualified legal counsel to confirm the process for removing squatters.
 

Can DC squatters be evicted?

Yes, squatters in DC can be evicted if they do not have a legal right to be on the property. Property owners, associations, or management companies can involve local law enforcement if someone is unlawfully occupying a unit or common area. However, owners and associations are often required to go through the formal Landlord and Tenant Court process rather than simply involving law enforcement to remove them.

It is important to understand that DC law includes strong tenant protections, and the line between a squatter and an unauthorized tenant can sometimes be blurry. Boards should always consult qualified legal counsel when considering DC squatters’ rights.
 

What’s the difference between a squatter and a holdover tenant in DC?

The key difference between a squatter and a holdover tenant in Washington DC is whether the person ever had a legal right to occupy the unit. A squatter is someone who enters and occupies a unit or property without any legal permission. A holdover tenant is someone who originally had a legal right to occupy a unit (for example, through a lease agreement) but remains in the unit after that lease has expired or been terminated.

This distinction matters because DC’s tenant protections are some of the strongest in the country. Holdover tenants may be entitled to due process through the Landlord and Tenant Court, even if they are no longer paying rent. Associations or owners cannot remove them without following formal eviction procedures.

HOA and condo boards must be cautious about informal arrangements, especially in associations where units may be vacant or owned by absentee landlords. Clear policies and consistent communication with owners can help avoid the appearance of permission.
 

What steps can HOAs and condo communities take to prevent adverse possession claims?

HOAs and condo communities can reduce the risk of adverse possession claims by being proactive, vigilant, and consistent. There are several steps boards and management teams can take to protect their property:

• Monitor vacant units: Keep track of which units are unoccupied, especially in communities with high rental activity or investor ownership. Units left vacant for extended periods without oversight can be more vulnerable to unauthorized access.
   
• Perform routine property inspections: Conduct regular walkthroughs of common areas, storage rooms, and mechanical spaces. If a unit is known to be vacant, verify that it remains secure and unoccupied.
   
• Maintain strong access controls: Check that locks, entry systems, and access credentials are up to date. Deactivate keys or fobs from past residents and regularly review entry logs if electronic systems are in place.
   
• Encourage owner communication: Consider asking owners to inform management if their unit will be unoccupied for an extended period. This may help avoid misunderstandings and can allow managers to monitor the unit as needed.
   
• Document and respond quickly: If unauthorized use is suspected, document it immediately. This may include taking photos, writing incident reports, and notifying legal counsel if appropriate. Swift action can prevent a short-term situation from becoming long-term.
   
• Avoid implied consent: Do not allow unauthorized individuals to remain in a unit unchallenged. If someone appears to be living in a unit without a lease or ownership, address the situation directly through the proper legal channels.

These actions can make it significantly more difficult for any unauthorized occupant to meet the criteria required for a successful adverse possession claim under DC squatters’ rights.
 

How can your property management team help?

A professional property management company can play a critical role in preventing unauthorized occupancy and adverse possession risks. From maintaining accurate unit records and monitoring vacancies, to coordinating legal notices and working with local authorities, the right partner can help strengthen your ability to act early and decisively.

Managers can also support your community by educating owners about their rights and responsibilities — particularly around subletting, leasing, or leaving units vacant for extended periods. By proactively addressing the conditions that invite squatting, property managers can help protect the long-term value and security of your community.

If you have questions about managing vacant units, addressing unauthorized occupants, or minimizing legal risk, contact FirstService Residential today to learn how our property management expertise can serve your community.