Washington Squatters Rights: Adverse Possession and How Removal Actually Works
How long adverse possession takes in Washington, whether there is a fast-track removal law, and what you legally can and cannot do about an unauthorized occupant. Last reviewed August 2026.
The question that decides everything: is the occupant a squatter or a tenant? Anyone who ever had permission to be there — a former tenant, someone who paid you rent even once, an ex-partner of your tenant on the lease — is generally a tenant in the law's eyes and must go through the eviction process. Washington's squatter rules below apply to true trespassers only.
How long does adverse possession take in Washington?
Washington's baseline is 10 years of actual, open and notorious, hostile, exclusive, and continuous possession under RCW 4.16.020. The period drops to seven years for a claimant in good faith under color of title who pays all taxes on the land during that time (RCW 7.28.070). Since 2011, a court may also require a successful adverse-possession claimant to reimburse the owner's property taxes and may award attorney's fees between the parties (RCW 7.28.083), which further discourages opportunistic claims.
How to remove a squatter in Washington
Washington is one of the few states where an owner can bypass court entirely for true trespassers: under RCW 9A.52.105, after receiving a declaration signed under penalty of perjury, a peace officer has authority to remove unauthorized persons from premises and order them to stay away or face criminal trespass arrest. The declaration form in RCW 9A.52.115 requires the declarant to attest that they are the owner or authorized agent, that the person unlawfully entered and remains, that the person was never permitted to enter and is not a current or former tenant, and that the declarant will indemnify anyone wrongfully removed; a false declaration exposes the owner to actual damages, costs, and attorney's fees under RCW 4.24.355. This process, in place since 2017, does not apply to anyone with a colorable tenancy — those occupants require an unlawful detainer action under chapter 59.12 RCW with a sheriff-executed writ of restitution.
Squatter or tenant? Why it matters
The RCW 9A.52.105 declaration is only available against someone who is neither a current nor a former tenant and was never authorized to enter, so holdover renters, roommates, and occupants under any oral arrangement fall outside it. Those occupants get the full Residential Landlord-Tenant Act process — proper notice under RCW 59.12.040, an unlawful detainer suit, and removal only by a sheriff executing a writ of restitution. Officers who sense a genuine tenancy dispute will decline the declaration route and point the owner to court.
What you absolutely cannot do
RCW 59.18.290 makes it unlawful to remove or exclude a tenant except under court order, letting the tenant recover possession or terminate plus actual damages, costs, and attorney's fees. RCW 59.18.300 separately bars intentionally cutting a tenant's water, heat, electricity, or gas, with statutory damages up to $100 per day of interruption on top of actual damages. Only a sheriff executing a writ of restitution may physically remove a tenant.
Recent changes to the law
Washington's squatter-removal declaration dates to 2017, and no 2024-2026 legislation changed it or the adverse-possession statutes. The tenant-side path did move: HB 1003 (2025) tightened notice requirements under RCW 59.12.040, HB 2664 (chapter 144, Laws of 2026, effective June 11, 2026) adjusted the mailing rules, and HB 1217 (2025) capped rent increases and created a related eviction defense — all relevant only when the occupant is a tenant.
What Washington property owners get wrong
Owners often litigate for months against occupants who were removable in an afternoon: the RCW 9A.52.105 declaration is underused because owners and even some officers do not know it exists. The opposite mistake is worse — swearing the declaration against a former roommate or anyone who once had permission creates perjury exposure and liability under RCW 4.24.355. Washington's 10-year adverse-possession baseline also comes with a sting for claimants: courts can order tax reimbursement and fee awards, so genuine residential claims are rarer than the headline number suggests.
The law itself
Frequently asked questions
How long does a squatter have to stay in Washington to claim ownership?
Ten years of actual, open, hostile, exclusive, and continuous possession under RCW 4.16.020, or seven years for someone claiming in good faith under color of title who paid all property taxes during that time (RCW 7.28.070). Even a successful claimant can be ordered to reimburse the owner's taxes and pay fees under RCW 7.28.083.
How do I remove a squatter in Washington?
If the person unlawfully entered and was never a tenant or otherwise authorized, sign the declaration described in RCW 9A.52.115 and submit it to local police or the sheriff — under RCW 9A.52.105 the officer can remove them without any court order. If the occupant is or ever was a tenant, or claims to be, you must file an unlawful detainer action and wait for a sheriff-executed writ of restitution.
Can Washington police really remove squatters without a court order?
Yes — since 2017, RCW 9A.52.105 authorizes a peace officer to remove unauthorized persons upon receiving the owner's sworn declaration, and to arrest them for criminal trespass if they return. The catch is the declaration's scope: it cannot be used against current or former tenants, and a false declaration makes the owner liable for damages, costs, and attorney's fees under RCW 4.24.355.
Does paying property taxes help a squatter in Washington?
Only in the narrow seven-year scenario of RCW 7.28.070, which also requires good faith and color of title — a deed or instrument the claimant believed valid. A bare squatter with no paperwork gains nothing from paying taxes except evidence of possession; the 10-year clock and all five common-law elements still apply.
Keep reading
Vacant units attract squatters. Documented ones repel them.
Vantric tracks your leases, tenants, and payment history in one place, so proof of who belongs in your property is always one click away — built for landlords with 1–10 units.
Start Free TrialThis page is general information, not legal advice. Squatter, trespass, and adverse possession law turns on specific facts — verify against the official statute text linked above, and talk to a local attorney or law enforcement before acting.