What to Do When Someone Is Secretly Living in Your Rental Property

A landlord's new tenants had just moved in on July 1st. Days later, they sent photos and video showing something disturbing: underneath the deck, a door to the basement opened to reveal someone else's belongings scattered throughout the space. Graffiti on the inside of the door. Personal items everywhere. And most unsettling of all, a toilet the person had installed themselves. Someone had been secretly living in the basement, and neither the landlord nor the previous tenant had any idea.

This real scenario captures one of the more unsettling situations property owners can face. The landlord's immediate fears were understandable: What if this person lights a fire to stay warm and burns down the house? What if they try to enter the main residence? What if they assault the new tenants? And the question that kept them up all night: How do I even remove someone who has been living here without my knowledge?

Trespasser vs. Squatter: Why the Distinction Matters

The first critical piece of legal advice: do not call this person a squatter. The legal distinction between a trespasser and a squatter can mean the difference between same-day removal and a months-long eviction process.

A squatter is someone who occupies property and, in some jurisdictions, may gain certain legal protections after establishing residency. In California, where this incident occurred, someone who has occupied a residence for 30 days or more can claim tenant-like protections, even without a lease. This is why professional squatters immediately claim they have been there for longer than they actually have.

A trespasser, on the other hand, is simply someone who is on your property without permission. The key distinction in this basement case: the space was not habitable. It was not designed or permitted for human occupancy. You cannot establish tenancy in a crawl space, a storage shed, or an unfinished basement any more than you could claim tenant rights by living in someone's detached garage.

From a legal standpoint, this is criminal trespassing, not a squatter situation. The basement is not a livable space meant for human habitation and cannot have a fake lease, which is what squatters typically use to establish their claims. This is breaking and entering, plain and simple.

The Debate: Call Police or Handle It Yourself?

Landlords and property managers often debate the best approach, and both sides have valid reasoning. Understanding the trade-offs helps you make the right call for your situation.

The Case Against Calling Police First

Some property management professionals advise against creating a paper trail by calling police before securing the property. Their reasoning: if you report someone living there, you have now documented their presence. If the responding officers are uncertain about the legal situation, they might treat it as a civil matter, which could inadvertently strengthen any later claim the trespasser makes about residency.

This alternative approach involves waiting until the person leaves, then moving quickly. Remove their belongings, secure the entrance, and make the space inaccessible. If they return after the property is secured, then call the police to report a trespasser attempting to break in. At that point, you are the property owner reporting someone trying to gain illegal entry to a secured area.

The Case for Involving Law Enforcement

Others in the property management field argue that calling the police is the correct approach given the facts. The basement is objectively not habitable space. There is no lease. There is no utility bill in the trespasser's name. The new tenants have a valid lease giving them rights to the property. This is textbook criminal trespassing.

One approach some landlords consider is having the tenants call police, reporting that they hear sounds in the basement. Actual tenants with a valid lease calling police fearing for their safety, and officers discovering an unauthorized person living in the basement, makes the situation unambiguous for responding officers.

The Reality of Police Response

The challenge with involving police is unpredictability. Some officers will immediately recognize this as trespassing and act accordingly. Others, trained to be cautious about residential disputes, may default to calling it a civil matter and advise you to pursue eviction. Police response can vary, and you cannot always predict whether officers will understand the distinction between a tenant dispute and criminal trespassing.

If you do involve police, come prepared with documentation: your deed or ownership records, the current tenants' lease, photos showing the space is not habitable, and any evidence of forced entry or vandalism. Use specific legal language like "breaking and entering" and "criminal trespassing" rather than terms like "squatter" that might confuse the situation.

Securing the Property: Practical Steps

Regardless of how you handle the immediate removal, you need to secure the property to prevent return. The landlord in this situation faced a challenge: the property had extensive grounds with a sloped backyard leading to a road below, making complete fencing impractical.

Immediate Security Measures

• Board up the entrance: Do not just lock the door. Use solid core materials secured with screws that require proprietary tools to remove. Some security experts recommend bolting deep with security screw heads that cannot be removed with standard tools.
• Consider permanent solutions: For basement access points, some landlords recommended building a cinder block wall in front of the entrance, essentially adding a foundation wall that makes the door inaccessible.
• Install cameras and alarms: Trail cameras or wireless security cameras near the entrance help you monitor for return attempts. A simple door alarm that sounds when opened provides early warning.
• Post clear signage: "No Trespassing" signs establish that entry is prohibited and strengthen your position if you need to involve law enforcement later.
• Fence the immediate area: Even if you cannot fence the entire property, you can fence just around the house itself or around the specific access point.

A Steel Door Solution

One particularly effective solution: fabricate a custom steel door and run concrete lags into the wall. Add a heavy-duty steel crossbar and a recessed shackle disk lock. This can often be done for roughly $300 in materials plus a flux mig welder and rotary hammer. The goal is making the access point so difficult to breach that anyone attempting entry will look elsewhere.

How This Happens: Targeting Patterns

Understanding how properties become targets helps you prevent similar situations. Several patterns commonly emerge from landlord experience and property management analysis.

The Tenant Turnover Window

Properties are most vulnerable during the gap between tenants. In this case, the previous tenant had recently moved out, and the landlord mentioned finding the back door kicked in during the turnover. Looking back, they wondered if someone had been trying to break into the main house, possibly the same person who had established themselves in the basement.

For rent signs that stay up too long, properties that appear vacant during showings, and the obvious period when the previous tenant's departure is publicly known all create opportunity. The shorter your vacancy period, the less exposure you have.

Spaces That Go Unchecked

The previous tenant in this case said they did not even know about the basement, and never used it. This is more common than you might think. Tenants focus on their living space. They may never venture into basements, crawlspaces, detached structures, or areas under decks. An opportunistic person looking for shelter quickly learns to target these forgotten spaces.

Properties With Absent Owners

Out-of-state landlords, owners who travel frequently, and properties where management is hands-off all face higher risk. If nobody is regularly checking the entire property, problems can develop undetected for months. The toilet installation in this basement suggests the occupant had been there long enough to make improvements, all without anyone noticing.

The Inspection Blind Spots Landlords Miss

Most landlords conduct inspections focused on the living space: checking for damage, ensuring appliances work, documenting condition for deposit purposes. But this case reveals blind spots that can lead to serious problems.

Before Every Turnover, Check Everything

• All basement and crawlspace access points: Even if tenants never use these spaces, you should inspect them during every turnover
• Exterior doors and entrances: Check that all exterior access points are secure and show no signs of forced entry
• Detached structures: Garages, sheds, and outbuildings can become targets
• Under-deck spaces: If accessible from outside, these need inspection
• Attic access: Less common but not unheard of

Document and Secure Non-Habitable Spaces

Take photos of these areas during move-in inspections. This creates documentation that the space was empty and unused at the start of tenancy. It also gives you evidence that any later occupant is not someone you authorized.

Consider whether exterior access points should be permanently secured. If a basement door serves no legitimate purpose for your tenants, eliminating the access point entirely may be worth the investment.

Managing Your Tenants Through the Crisis

The landlord in this situation had new tenants who had just moved in days earlier and were understandably alarmed. They sent photos and video, which actually helped document the situation, but they were also clearly concerned about their safety.

Communication Priorities

• Acknowledge their concerns immediately: Do not minimize or dismiss their alarm. Finding evidence of an unknown occupant is genuinely disturbing.
• Commit to swift action: Let them know you are treating this as urgent and will resolve it quickly
• Provide a timeline: Tell them when you will be there to secure the property
• Ask for their cooperation: Request they avoid the area and let you know if they see the person return

Documentation Concerns

Some landlords express concern when tenants begin formally documenting communications with property addresses spelled out, as though preparing for potential legal action. While this concern may be overblown, it highlights the importance of handling the situation professionally and promptly. Tenants who feel their landlord is responsive and taking their safety seriously are far less likely to pursue legal remedies.

Your response to this situation becomes part of your relationship with these tenants. Handle it well, and you demonstrate that you are a responsible landlord who addresses problems quickly. Handle it poorly, and you may lose good tenants who no longer feel safe in the property.

Prevention: Reducing Your Vulnerability

The best approach to unauthorized occupants is preventing them from establishing themselves in the first place. Several strategies reduce your risk.

Minimize Vacancy Periods

The gap between tenants is when properties are most vulnerable. Start marketing and collecting applications before your current tenant's notice period ends. Pre-screen applicants so you can move quickly once the property is available. The shorter your vacancy, the less opportunity for problems.

Regular Property Checks

Never let extended periods pass without someone checking the entire property, not just the living space. Quarterly inspections that include all access points, outbuildings, and non-habitable spaces catch problems early. If you cannot do this yourself, hire a property manager or ask a trusted neighbor to keep an eye out.

Neighbor Relationships

Neighbors notice things. They see unfamiliar people coming and going. They notice when patterns change. Building relationships with neighbors and giving them a way to contact you creates an early warning system that costs nothing to maintain.

Security Infrastructure

Even basic security measures deter opportunistic trespassers. Motion-activated lights, visible cameras, and secure locks on all access points signal that the property is monitored. People looking for shelter prefer targets where they will not be noticed or caught.

The Appearance Factor

In reviewing this case, one observation stood out: the area around the basement entrance appeared neglected. This matters more than you might think. Trespassers actively seek locations that signal inattention. They choose places that look like no one cares because they believe no one will notice them.

Property appearance signals attention. Overgrown vegetation, accumulated debris, and general neglect tell potential trespassers that this property is not being closely monitored. Maintaining curb appeal and keeping all areas of the property tidy sends the opposite message.

This does not mean every property needs to be perfectly manicured. But obvious neglect creates opportunity. If exterior areas look abandoned, people will treat them as abandoned.

When Legal Advice Is Necessary

In straightforward cases where someone has clearly broken into a non-habitable space, you can often handle removal and security yourself. But certain situations warrant professional legal advice:

• Any claim of residency: If the person claims to have been there for an extended period or produces any documentation suggesting tenancy
• Police declining to act: If law enforcement calls it a civil matter despite clear trespassing
• Threats from the occupant: If the person threatens legal action or refuses to leave
• Tenant legal concerns: If your actual tenants are raising liability concerns
• Uncertainty about local law: Landlord-tenant law varies significantly by jurisdiction, and local nuances matter

An attorney familiar with landlord-tenant law in your jurisdiction can advise on the fastest legal path to resolution and help you avoid missteps that could complicate the situation.

Final Thought

When landlords face this situation, the consensus from experienced property managers is clear: act fast, do not let paperwork or uncertainty delay you, and secure the property thoroughly once the person is gone.

But the deeper lesson is about prevention. This situation developed because a non-habitable space went unchecked for an extended period. The previous tenant did not know about the basement. The landlord had not inspected it. Nobody was watching, so nobody noticed until new tenants moved in and discovered the problem.

Your property is only as secure as its least-monitored space. Basements, crawlspaces, outbuildings, and exterior access points all need attention during turnover inspections. And the shorter your vacancy period between tenants, the less time your property sits vulnerable. Proper screening that lets you line up your next tenant before the current one leaves is not just about finding quality renters. It is about minimizing the window where problems can develop undetected.