According to Merriam Webster Dictionary, a “Squatter” is someone that settles on property without right or title or payment of rent. It is important to note that the definition of what a “Squatter” is varies by state and city. For a definition that is applicable to your location, be sure to check with your state and local ordinances.
In Ohio, the current laws allow for a squatter to gain legal ownership of the property they are residing on through adverse possession after 21 consecutive years. When a property owner is experiencing a squatter, they may call the local police department. At this point, the responding officer is charged with deciding whether the situation is criminal or civil. Most often, the police will determine the situation is a civil matter that must be resolved through the court systems.
Ohio House Bill 478, currently in the House Committee, is a law introduced by Representatives Jay Edwards and Jeff LaRe. Under this bill, property owners can file a written complaint to the County Sheriff and request immediate removal of the person who is unlawfully occupying “a residential premises on that real property,” so long as all requirements are met.
Once the Sheriff verifies the person making the complaint is the record owner or their authorized agent, they will “service a notice to immediately vacate on all unauthorized occupants and shall put the record owner in possession of the real property.”
If the person removed from the property believes they have been wrongfully removed, they may file a civil action for wrongful removal. If the court deems, they were, in fact, wrongfully removed “the court may restore possession of real property…and may award actual damages, statutory damages equal to triple the fair market rent of the residential premises, court costs, and reasonable attorney’s fees.
