MichiganVacantProperty.org 2
What is squatting?
Squatting is taking up residence in a
property and living on the property
without the owner’s permission.
i
Squatting is also called “illegal
occupancy.”
A squatter is a type of trespasser. A
trespasser is someone who enters
land owned by someone else without
permission.
ii
A squatter is someone who
not only enters land without permission
but takes up residence there illegally.
iii
People regularly living in or using a
property without permission are
squatting.
iv
However, some occupants
living in vacant homes may not be
squatting if they have a legal claim or
connection to the property.
How do I know if someone
is squatting?
Many people living in vacant homes
are not squatting.
People living in vacant homes are not
squatting if they have a legal claim or
connection to the property giving them the
right to remain. Some examples include:
homeowners facing foreclosure while
foreclosure is in progress and tenants
ghting improper evictions.
v
People Who Do Not Have the Right to Enter
the Property:
• Trespassers using or living on the property without
owner permission or paying rent
ix
• Former homeowners living in mortgage or tax-
foreclosed homes after the redemption period
(deadline to reclaim the home)
x
• Tenants using or living in a home without permission
after it is sold by the owner (or disposed of by will or
probate)
xi
• Tenants using or living in a home after being legally
evicted and after the deadline for leaving the home
xii
• Tenants or guests asked to leave after causing
physical injury to another person
xiii
• Tenants leasing from a third party who falsely claims
to be the owner without permission from the true
owner (victims of this type of rental scam are still
trespassers under the law)
People who have the right to enter the property:
Owners Tenants Guests
People Who May Have the Right to Enter the Property:
• Homeowners facing mortgage or tax foreclosure before the
foreclosure process is complete and before the redemption
period ends (deadline to reclaim the home)
vi
• Tenants behind in paying rent living in the home without
being given notice of eviction by the landlord
vii
• Tenants living in the home during the eviction process or
before the legal eviction deadline
viii
DISCLAIMER This material should be used as a reference only. It is not a substitute for legal advice. The law changes frequently. The information
provided may not apply to your specic set of facts or circumstances. If you require legal advice, please consult your attorney. Nonprot
organizations are encouraged to contact Michigan Community Resources to apply for pro bono legal assistance.
Denition Criminal Charges
Trespass
A person commits criminal trespass upon entering land
without owner permission and after being asked to
leave or given a trespass warning.
xiv
Criminal trespass is a misdemeanor with a
possible jail sentence of up to 30 days and a
ne of up to $250.
xv
Squatting
A person commits criminal illegal occupancy or
squatting when taking up residence in a home without
owner permission or legal rights to the property.
xvi
As a rst oense, squatting is a misdemeanor
with a jail sentence of up to 180 days and a
ne of up to $5,000.
xvii
As a multiple oense, squatting is a felony with
a jail sentence of up to 2 years and a ne of up
to $10,000.
xviii