Tennessee law to further protect property owners from squatters takes effect this July

NASHVILLE, Tenn. (WZTV) — Legislation passed Monday will further protect Tennessee property owners from squatters.

Squatters do not have rights in Tennessee, but this new law establishes and expedites the removal process. Currently, property owners must begin a judicial eviction when they encounter squatters in their home.

“They enter your property, change the locks. You try to get them out, they then claim you leased it, the sheriff can't make that decision at the house, so it becomes a civil matter where you have to take them to court. Well, it could literally take months," said State Rep. Tim Rudd.

Local Attorney Ben Raybin says there's a very heavily regulated set of rules to protect both legitimate landlords and tenants. And when there's a dispute between the two, there needs to be a proceeding.

“But the problem is you got these squatters that show up at these people's house that have no lawful way to be there. And because previously no law to account for that, then those people try to exploit the system and these protections given to legitimate tenants," said Raybin.

Raybin adds the squatters sit there while the case is tied up in court.

House Bill 1259 removes much burden from Tennessee property owners by clarifying a process for law enforcement to restore possession. The law can expedite the removal of illegal occupants in just a matter of 72 hours.

Currently, it can take up to two years to remove an illegal squatter and can cost a property owner thousands in legal fees, lost revenue and property repairs, Rep. Rudd's office says.

The legislation also says the sheriff may arrest trespassers. Sponsor of the bill Rep. Rudd (R-Murfreesboro) says this further protects Tennessee homeowners and deters squatters.

Tennessee is acting now on this legislation amid a rise in cases occurring across the nation, specifically in New York where a squatter who occupies a home for at least 30 days can be granted tenant rights.

Rudd’s bill gives a county sheriff the authority to serve a notice to the squatter and return the property to the lawful owner once they receive a proper complaint from the property owner.

The bill will take effect July 1, 2024.