At least 17 states have made squatting illegal through laws passed since 2024, either by creating new criminal offenses, reclassifying squatters as trespassers under existing statutes, or building expedited sheriff-led removal processes that bypass civil eviction entirely. Florida and Georgia led the way in 2024, followed by Alabama, Tennessee, and West Virginia. In 2025, Arkansas, Idaho, Indiana, Kentucky, Maryland, Mississippi, Montana, North Dakota, Texas, Utah, and Wyoming passed their own versions. Illinois signed its law in 2025 with a January 1, 2026 effective date.
Not every state in that list works the same way, and the penalties range from misdemeanors with jail time to felonies carrying up to 15 years in prison. In the roughly 30 states without a dedicated anti-squatting statute, removing an unauthorized occupant still requires a civil lawsuit, and police generally will not intervene.
How the New Criminal Removal Laws Work
The most aggressive of the new laws follow a model Florida pioneered with House Bill 621. Rather than filing a civil lawsuit, the property owner submits a sworn complaint directly to the county sheriff. The owner attests, under penalty of perjury, that an unauthorized person entered and remains on the property, that the owner has directed them to leave, and that the person is not a current or former tenant with a lease. The owner must also confirm there is no pending litigation involving the property and that the occupant is not a family member.1Florida Senate. HB 621 Property Rights Analysis
Once the sheriff verifies the owner’s identity and confirms the complaint meets the statutory conditions, the sheriff serves a notice to immediately vacate and puts the owner back in possession. No court hearing is required. The entire process can resolve in days.2Executive Office of the Governor. Governor DeSantis Signs Legislation to End the Squatters Scam in Florida
Tennessee adopted a nearly identical system through Senate Bill 795. A property owner or authorized agent submits a verified complaint to the sheriff, who checks ownership records and serves notice to vacate without delay. Tennessee added a safeguard for occupants: anyone wrongfully removed can sue to be restored to possession and recover actual costs, triple the fair market rent, court costs, and attorney fees.3Tennessee General Assembly. HB 1259 Bill Information That penalty gives owners a strong reason to confirm every fact before swearing the complaint.
Texas took a different approach in 2025 with a pair of bills. Senate Bill 38 streamlines the eviction process itself, requiring courts to hold a trial within 21 days of a petition being filed. Senate Bill 1333 empowers sheriffs and constables to act quickly when a property owner submits a sworn complaint about an unlawful occupant, and it increases criminal penalties for mischief related to trespassing in a home.4Office of the Texas Governor. Governor Abbott Signs Laws to Remove Squatters From Private Property
Criminal Penalties by State
Penalties vary considerably depending on which state the squatter is caught in and how much damage was caused.
Florida
Florida imposes the harshest consequences of any state that has acted. Unlawfully occupying a residence and intentionally causing $1,000 or more in damage is a second-degree felony.2Executive Office of the Governor. Governor DeSantis Signs Legislation to End the Squatters Scam in Florida That classification carries a maximum sentence of 15 years in prison.5Online Sunshine. Florida Statutes 775.082 – Penalties and Sentencing
Georgia
Georgia’s Squatter Reform Act amended the state’s criminal trespass statute to explicitly cover squatters. A conviction is classified as a misdemeanor of a high and aggravated nature, which carries up to 12 months in jail and a fine of up to $5,000.6Justia Law. Georgia Code 17-10-4 – Punishment for Misdemeanors of a High and Aggravated Nature Law enforcement can arrest anyone who cannot produce a valid lease or proof of an authorized tenancy.
West Virginia
West Virginia’s House Bill 4940 took a structural approach rather than creating new penalty tiers. The law declares squatting “synonymous with trespass” and strips squatters of any tenant protections. No court in the state can require an owner to use the formal eviction process to remove a squatter, and the remedy is arrest under existing criminal trespass statutes.7West Virginia Legislature. House Bill 4940 – Squatters It is one of the cleaner legislative fixes because it does not need to build a new enforcement system. It just reclassifies the person so existing criminal law applies.
Tennessee and Texas
Tennessee and Texas rely more heavily on their expedited removal mechanisms than on new criminal classifications, though Texas did raise penalties for trespass-related mischief in a dwelling under Senate Bill 1333.
States That Still Treat Squatting as a Civil Matter
In the roughly 30 states that have not passed specific anti-squatting statutes, removing an unauthorized occupant usually requires a civil lawsuit. The owner files what most jurisdictions call an unlawful detainer or forcible entry and detainer action. The process involves drafting a formal complaint, serving notice on the occupant, and attending a court hearing. If the owner wins, the court issues a judgment for possession. Filing fees typically run a few hundred dollars, and an attorney adds significantly more.
The whole process commonly takes anywhere from several weeks to several months, depending on how backed up the local courts are and whether the occupant fights the case. During that time, the unauthorized person often remains on the property. Police in these states generally view the dispute as private and will not physically remove someone who claims to live at the address. That dynamic is what pushed legislatures in the 17 states above to pass the newer criminal and expedited-removal laws.
Once a court issues a judgment of possession, the clerk issues a writ of possession directing the local sheriff to restore the property to the owner. The sheriff posts a notice giving occupants a short window to leave voluntarily. Florida’s statute, for example, requires just 24 hours.8Online Sunshine. Florida Code 83.62 – Restoration of Possession to Landlord Other jurisdictions allow 48 or 72 hours. If the occupant still has not left, the sheriff returns and physically removes them.
Self-Help Removal Is Still Illegal, Even Where Squatting Is a Crime
The most natural reaction when you find someone squatting in your property is to change the locks, shut off the utilities, or physically remove their belongings yourself. In nearly every state, doing any of those things is illegal. Self-help eviction laws protect occupants from being locked out or forced out without a court order, and the penalties for violating them can be surprisingly harsh. An owner who takes matters into their own hands may owe the occupant actual damages, statutory penalties, attorney fees, and in some states, triple the fair market rent for the period of the wrongful lockout.
The result is that an owner who illegally locks out a squatter can end up owing the squatter money. Even in states with the new expedited removal laws, the process still requires a sworn complaint and sheriff involvement. The owner does not get to skip law enforcement.
What to Do If You Find a Squatter
Your first step depends on which state the property sits in. If you are in a state with an expedited removal law, contact the local sheriff’s office and ask about submitting a sworn complaint. You will typically need proof of ownership, a government-issued ID, and a completed affidavit. The process moves quickly, but filing a false affidavit carries serious legal consequences, so confirm the person is genuinely unauthorized before swearing to it.
If your state still handles squatting as a civil matter, call the police anyway. Officers may not remove the person, but a police report creates a paper trail documenting when you first discovered the unauthorized occupancy and that you objected to it. That record matters later if the situation involves a property damage claim, an insurance dispute, or an adverse possession defense. After contacting police, consult a real estate attorney about filing an unlawful detainer action. Eviction attorneys who handle these cases routinely can typically move faster than a general practitioner.
Document everything. Photograph the condition of the property, save communications, and keep records of every expense the situation forces you to incur. Do not accept any payment from the unauthorized occupant. A single payment that looks like rent could give them tenant status and reset the entire removal timeline.