Squatters vs. Tenants in Washington: What Homeowners Need to Know
Few things cause more panic for homeowners than hearing the word “squatter.”
Unfortunately, in Washington, people often use that term incorrectly — and misunderstanding the difference between a squatter and a tenant can lead to costly legal mistakes.
Let’s break this down clearly, calmly, and accurately for Washington homeowners.
1. Why the Squatter vs. Tenant Distinction Matters
In Washington, how someone occupies a property determines your legal options.
Calling someone a squatter doesn’t automatically make them one — and treating a tenant like a squatter can backfire fast.
The difference affects:
Whether police can intervene
Whether eviction is required
How long removal may take
Your potential legal liability
2. What Is a Squatter in Washington?
A squatter is generally someone who:
Occupies a property without permission
Has no lease or rental agreement
Has never paid rent
Does not have the owner’s consent
True squatters are far less common than social media makes it seem.
In most real-world situations I see, the occupant is legally considered a tenant, even if the owner never intended that outcome.
3. What Is a Tenant Under Washington Law?
In Washington, someone may be considered a tenant if:
They paid rent at any point
They had verbal permission to stay
They were allowed occupancy by the owner
They lived there with prior owner consent
Even verbal agreements can create tenant rights.
Once tenant rights exist, removal must follow Washington landlord-tenant law — not police action.
4. Why Police Often Can’t Remove Occupants
This is where frustration sets in for homeowners.
If the occupant can show:
Mail at the address
Personal belongings inside
Any form of agreement or payment
Law enforcement typically views this as a civil matter, not trespassing.
That means eviction — not arrest.
5. Adverse Possession Is Rare — and Misunderstood
People often worry about “squatters taking ownership.”
In Washington, adverse possession requires:
Open and notorious possession
Continuous occupancy (often 10+ years)
No permission from the owner
Payment of property taxes in some cases
This is extremely rare and not something most homeowners will ever encounter.
6. Vacant Homes Create the Biggest Risk
Squatter situations are more likely when:
Homes are vacant
Owners live out of state
Properties are inherited
Maintenance is deferred
This is why estate sales and inherited homes require extra planning.
Related reading:
Selling a Home in Washington After a Death: Probate vs Non-Probate
7. Buying or Selling a Home with Occupants
If you’re buying or selling a home with someone inside:
Their legal status must be clarified
Leases and permissions must be documented
Possession timelines must be realistic
This is especially important in inherited or tenant-occupied homes.
Related reading:
Buying a Home in Washington with a Tenant in Place: What Buyers Need to Know
8. What Homeowners Should NOT Do
Homeowners should never:
Change locks
Shut off utilities
Remove belongings
Harass occupants
“Self-help” removals are illegal in Washington and can lead to serious penalties — even if the occupant feels unfair or dishonest.
9. Real-World Washington Example
I’ve worked with sellers convinced they had squatters — only to discover:
A verbal agreement existed
Rent was paid months earlier
Tenant rights were legally established
Once we identified the correct status, we built a compliant plan instead of creating legal exposure.
10. Why This Comes Up So Often in WA Real Estate
Washington has strong tenant protections, and that’s not changing.
What does change outcomes is:
Knowing the law
Documenting occupancy clearly
Addressing issues early — not emotionally
The biggest problems happen when assumptions replace facts.
Final Thoughts
In Washington, squatters and tenants are not the same thing — and treating them as if they are can create expensive, avoidable problems.
If you’re dealing with an occupied property, inherited home, or uncertain possession situation, clarity upfront protects you long-term.
If you're planning a move in Washington and need help navigating an occupied property, I’d love to help you create a plan that actually makes sense for your situation and timeline.
Written by: Lani Fisher — Washington Realtor Helping Everyday Buyers & Sellers With Confidence