Living in my vehicle: What are my rights?

I live in my vehicle. I use it as my home. Is that illegal?

People live in all types of vehicles including cars, trucks, RVs, campers, vans, boats, trailers, and buses. In general, it isn’t illegal to live in your vehicle in Washington. You might have to be able to prove that your vehicle is registered and operable if you have it on public streets.

Even though it isn’t illegal to live in your vehicle, some areas, cities, counties, towns, or municipalities might have laws or bans related to living in your vehicle. 

Depending on where you are, these activities could be restricted:

• How long you can be parked in certain places
• Where you can park
• Whether you can sleep in your vehicle
• Whether you can cook in, on, or next to your vehicle
• Whether you can use your vehicle for living quarters or other activities in certain areas
• How many days in a row you can park in a certain place

Sometimes a sign will be posted that will tell you the parking rules for that place. But not always. Try to learn about the parking rules for the areas that you stay in. It may be best to plan to move your vehicle as often as every 3 days and to park in different spots on a rotation. Parking in one place for a prolonged period of time is a common way to get ticketed or towed. 

I live in my vehicle. Do I have any rights?

Yes. You might have some rights related to living in your vehicle. 

People who live in their vehicle usually have homestead rights. This means you have a right to claim your vehicle as your primary residence or your “homestead”. If a place is your homestead, you might have protections related to it whether it’s a dwelling or a vehicle. Homestead rights are important if you live in your vehicle because they can protect your vehicle-home from being kept to pay for the impound fees. 

If you live in your vehicle, you can use your Homestead Act rights to ask to get your vehicle back. The Homestead Act is a state law that says that your home can’t be held or sold to pay off your debts.  A state Supreme Court case, City of Seattle vs. Long, says that the Homestead Act includes vehicles that are used as homes.  This means it’s illegal for a tow company to sell or auction your vehicle-home from the impound lot to cover the impound and storage fees.

Can I claim a homestead exemption for my vehicle if I live in it?

Yes. In Washington, a vehicle that you live in as your primary home qualifies for protection from debt collectors. This protection is called a homestead exemption. The value of your vehicle up to $125,000 is protected. Use an Affidavit of Occupancy to show that your vehicle is your homestead. This form is important. Any time you want to claim your homestead rights, try to provide this form. 

Learn more about other issues related to living in your vehicle from the National Vehicle Residency Collective. They have a list about safe places to park that includes Washington state information. 

Even if your vehicle is your homestead, you still need to keep it titled and registered to be street legal. This is very important if you plan on driving it or living in it in a public area. It can be complicated to register old vehicles, vehicles with lost title, salvaged vehicles, remade or homebuilt campers, trailers without a manufacture date listed, and other vehicles that people might live in. You might need to get an order to quiet title or use another alternative method to get title.

I live in my vehicle in an encampment. Is there anything I should know about vehicles in encampments?

Many people live in their vehicle in encampments. 

A “sweep” is when government officials (or agencies hired by the government) forcibly remove an encampment of unhoused people. During a sweep, the officials may remove tents, bedding, belongings, other items and structures from the encampment. This can include towing your vehicle if you live in your vehicle in an encampment. 

During a sweep, government officials may do any of these:

• Require you to move your living site.
• Cite you with an infraction or ticket for unauthorized camping.
• Arrest you for unauthorized camping. 

Officials must give notice to the encampment residents before a sweep. Usually, notices provide 3 or more days to move out of the encampment. But technically, there is no specific type of notice or specific time frame required — just some kind of notice before the sweep. 

Try to move your vehicle out of the encampment as soon as you get notice that a sweep will happen. If your vehicle gets towed during a sweep, you can try to ask the court to release it back to you based on your homestead rights. 

If you have a disability, you can ask for a reasonable accommodation for more time to move, or for other accommodations you may need because of your disability. 

Do I have privacy rights if my vehicle is my home?

Even if your vehicle is your home, you might have less privacy rights in your vehicle than you would have if you lived in a dwelling like a house. Law enforcement might be able to search your vehicle-home without a warrant if they have probable cause (unless it is parked in a private driveway or on private property). 

I live in my vehicle. Are any social services resources available to me?

A few cities and counties may have “safe lot” programs. These let vehicle residents park safely in certain areas. You don’t have to worry about being towed if you are parked in these safe lots. There aren’t many of these programs. They vary by city. The most accurate place to find information about these kind of safe lots is on the tab for Washington state on the list about safe places to park from the National Vehicle Residency Collective.

How do I make sure my vehicle-home isn’t labeled as a junk vehicle?

Junk vehicles usually aren’t operable. To be identified as a junk vehicle, your vehicle must have at least 3 of these problems:

• It is at least 3 years old or older
• It has extensive damage like broken windshields, broken windows, missing tires, missing engine parts and other crucial parts that would make it impossible or unsafe to drive.
• It appears to be inoperable.
• It appears to be only worth scrap value. 

You can keep your vehicle from being labeled as a junk vehicle by making sure it is operable. 

These things can help too:

• Make sure you can tow it or drive it on short notice.
• Try to keep it driving or starting as often as possible.
• Keep it appearing roadworthy.
• Keep it safe to drive and safe to live in. Or safe to pull behind your vehicle if you live in a trailer (or boat) that uses a hitch instead of one that has its own engine.
• Make sure the lights and brakes work.
• Keep it titled, tagged and registered if you can.
• Try to keep the windows and windshields repaired.
• Try to replace the tires with tires that have legal limit tread even if they are used tires. 

Law enforcement can tow on very little notice. Sometimes they won’t give you any notice depending on the situation. If you park in private areas, the private property owners can tow you with short or no notice depending on the circumstance. If it appears unsafe for the road, law enforcement might also label it a junk vehicle and tow it.