By Jacy Fisher, Senior Associate Attorney
Effective June 1, 2024, Alabama enacted Act 2024-237, commonly referred to as Alabama’s new “Squatter’s Law.” This law provides a new tool for residential property owners to address the growing issue of squatters and fraudulent leasing schemes. Here’s what you need to know about this important change—and how it strengthens protections for property owners while creating new criminal penalties for scammers.
Under the new law, property owners now have an expedited, law enforcement-assisted option to remove squatters from residential dwellings—outside of the traditional eviction court process.
Key Highlights:
- The law only applies to squatters, not tenants, holdover tenants, or family members.
- Owners must post a formal demand to vacate on the dwelling & document the notice.
- After posting the notice, owners can submit a sworn affidavit to the local sheriff, who can verify the ownership and serve an official notice to vacate after 24 hours.
- Law enforcement may arrest squatters for trespassing or other crimes but is not obligated to physically remove them.
- Property owners face serious penalties for misuse, including lawsuits, treble damages, and potential criminal charges for perjury or false reporting.
This process is designed to give property owners a quicker and more cost-effective remedy than going through civil eviction court, particularly in cases where squatters are exploiting loopholes.
In addition to creating the squatter removal process, the law also makes it a crime to fraudulently lease or sell residential property, including:
- Advertising or listing property for sale when the person knows they have no legal title or authority.
- Renting or leasing residential property without ownership or authorization.
The penalty is a Class A misdemeanor, Up to 1 year in jail, and/or fines up to $6,000.
This aims to crack down on:
- Fake landlords collecting rent on properties they don’t own.
- Scammers forging leases or deeds to cheat tenants or buyers.
- Online rental scams, such as fake listings on social media.
This law gives prosecutors a clear path to criminally charge scammers, regardless of whether the victim sues them in civil court. This creates a stronger deterrent to these schemes, which have been on the rise in Alabama and across the country.
What Should Property Owners Do?
- Know the difference between squatters, tenants, and holdover tenants.
- Document everything carefully—including notices posted and ownership evidence.
- Use the new affidavit process cautiously, understanding the risks if used improperly.
- Report suspected fraudsters to law enforcement, who can now bring criminal charges under the new statute.
Alabama’s new Squatter’s Law and related criminal provisions represent a significant step toward empowering property owners and deterring fraud. However, owners should still consult legal counsel before using these new tools, especially given the potential liability if misused. As the law takes effect, it remains to be seen how local law enforcement agencies will handle these affidavits in practice—and whether the law will successfully curb squatting and rental scams across the state.
