This article is intended for general information only and is not intended as legal advice. If you need legal advice, please seek guidance from retained counsel.

A property owner checks on a vacant home they intend to sell or renovate and discovers someone living inside without permission. The locks have been changed, utilities may have been turned on, and the individual claims they have a right to stay. Until recently, many property owners believed they had no choice but to go through the full eviction process, even where there was no lease and no landlord-tenant relationship at all.

That changed on June 1, 2024, when Alabama’s anti-squatting law (Act 2024-237) took effect. The law was designed to provide residential property owners with a faster and more cost-effective option for dealing with true squatters. In certain situations, property owners may request assistance from the local sheriff’s department to remove an unauthorized occupant without first filing a traditional eviction action in court.

The key issue under the law is whether the individual is actually a “squatter,” or whether some form of landlord-tenant relationship exists. Alabama law limits this process to individuals occupying a dwelling without a lease, rental agreement, or authorization from the owner or tenant. The law does not apply to tenants, holdover tenants, or family members. Even an expired lease can change the situation entirely and require the owner to proceed through the normal eviction process instead.

For licensees, understanding that distinction is important. Questions about squatters often arise in connection with vacant listings, inherited property, investment property, or homes which have been left unoccupied for a period of time. Sellers may assume law enforcement can simply “remove” anyone found in the property, while buyers may have concerns about unauthorized occupants before closing. Knowing that Alabama now has a specific statutory process, and knowing its limits, can help licensees better direct consumers to appropriate legal guidance.

The process itself requires several steps. The property owner must first post a written demand to vacate at the dwelling and document that the notice was provided. The owner must then submit a sworn affidavit to local law enforcement confirming, among other things, that the occupant is not a tenant and has no lawful right to occupy the property. Once ownership is verified, the sheriff may serve notice requiring the unauthorized occupant to vacate within 24 hours.

Importantly, the law also includes significant safeguards against misuse. Property owners who improperly use the anti-squatting process against an actual tenant can face substantial consequences, including damages, attorney’s fees, and possible criminal penalties for false statements made in the affidavit. In other words, this is not intended to be a shortcut around Alabama’s landlord-tenant laws when a legitimate tenancy dispute exists.

Because questions about the law continue to arise, AAR has created a separate resource explaining the anti-squatting process in more detail, including the statutory affidavit requirements and a sample affidavit based on the language contained in the Code of Alabama which can be found below.