Pennsylvania's New Measures Against Squatter's Rights

In recent years, Pennsylvania has faced challenges with individuals unlawfully occupying properties, commonly known as squatters. These situations have caused significant distress for property owners, leading to financial losses and legal complications. In response, the Pennsylvania General Assembly enacted Act 88 of 2024, amending the Landlord and Tenant Act of 1951 to provide clearer guidelines for property owners, law enforcement, and the judiciary in addressing squatting incidents.

Squatter's rights refer to the legal concept of adverse possession, where an individual can claim ownership of property after occupying it continuously and openly for a specific period without the owner's permission. In Pennsylvania, the required period for such a claim is 21 years of uninterrupted possession. The occupation must be actual, open, notorious, exclusive, and hostile to the owner's interests. While adverse possession laws were originally designed to encourage the productive use of land and prevent neglect, they have sometimes been exploited by individuals unlawfully occupying properties.

Property owners encountering squatters often face arduous and costly legal battles to reclaim their properties. Under previous Pennsylvania law, owners were required to issue a "notice to quit" to individuals occupying their property without permission, a process intended for landlord-tenant relationships. This requirement imposed financial burdens and emotional strain on property owners, as they had to navigate a legal framework that did not adequately address the issue of unauthorized occupants.

To address these challenges, Act 88 was introduced by Senator Dan Laughlin and received unanimous support in both legislative chambers. Governor Josh Shapiro signed the bill into law on July 17, 2024, and it took effect on September 15, 2024. The act amends the Landlord and Tenant Act of 1951 to clarify the legal status of squatters and streamline the process for property owners to remove unauthorized occupants.

Key Provisions of Act 88

1. Definition of "Tenant": The act defines a "tenant" as a person who occupies land or premises with the owner's express or implied consent, including through oral or written leases or acceptance of rent by the owner or their agent. This definition excludes individuals occupying property without the owner's permission, thereby classifying them as trespassers rather than tenants.

2. Exclusion from "Notice to Quit" Requirements: Act 88 specifies that the "notice to quit" provisions do not apply to individuals who are not, nor ever have been, tenants of the property. This means property owners are no longer required to follow formal eviction procedures designed for tenants when dealing with squatters.

3. Clarification of Applicability: The act amends Section 603 to state that the Landlord and Tenant Act does not apply to individuals who are not, nor ever have been, tenants. This clarification reinforces that squatters do not have the same legal protections as tenants under Pennsylvania law.

Act 88 provides property owners with a more straightforward legal pathway to address unauthorized occupants. By clearly distinguishing between tenants and trespassers, the act empowers property owners to take prompt legal action to remove squatters without the procedural delays associated with tenant evictions. This legislative change aims to reduce the financial and emotional burdens on property owners dealing with unauthorized occupants.

The act also provides clearer guidelines for law enforcement agencies. With the distinction between tenants and trespassers more explicitly defined, law enforcement officers can more confidently intervene in cases involving squatters, treating them as trespassers subject to removal without necessitating civil eviction proceedings. This clarity is expected to enhance the efficiency of addressing squatting incidents and provide better support to property owners.

While Act 88 strengthens protections for property owners, it also ensures that legitimate tenants' rights are preserved. The act's provisions are carefully crafted to target unauthorized occupants without infringing upon the legal protections afforded to tenants who have entered into valid agreements with property owners. This balance is crucial in maintaining fairness and justice within landlord-tenant relationships.

Act 88 of 2024 represents a significant advancement in protecting property owners in Pennsylvania from the challenges posed by squatters. By amending the Landlord and Tenant Act of 1951, the legislation provides clear definitions and procedures that distinguish between lawful tenants and unauthorized occupants, streamlining the process for property owners to reclaim their properties. This legislative action reflects Pennsylvania's commitment to upholding property rights and ensuring that the legal framework effectively addresses contemporary challenges in property ownership and occupancy.

If you are a property owner facing issues with unauthorized occupants or seek guidance on landlord-tenant relationships, the experienced attorneys at The Ament Law Group are here to assist. Our team is well-versed in Pennsylvania's property laws and can provide the legal support you need to protect your property rights. Contact us today to schedule a consultation and ensure your interests are safeguarded.