Squatters’ Rights California – Everything You Need to Know
By Adrian Pedraza | July 6, 2024
Imagine discovering a total stranger comfortably living on your property without paying rent. Finding a squatter living in your property can be frustrating, particularly if you're just starting as a rental property owner.
Unfortunately, a squatter isn't someone that you can force to leave. As per California's legal statutes, squatters have rights. Hence, removing them can be difficult.
In this article, we’ll take you through everything you need to know about squatters’ rights in CA. You can be sure that when armed with this knowledge, you’ll be able to protect your property and its profitability.
Squatting vs. Trespassing in California
Squatting and trespassing aren't the same under California law. Squatting is occupying and living on a rental property without permission, while trespassing is entering a property without permission. Although they're both illegal, trespassing doesn't involve residing on the property, while squatting does.
Squatter: Knowingly and willingly occupies someone's vacant property without permission with a claim of ownership.
Trespasser: Knowingly and willingly occupies without the owner's permission and without a claim of ownership.
Pretend you are a California property owner with a house that is currently vacant. Your tenant moved out and you are in the process of finding a new tenant. Meanwhile, someone breaks in and you call the police to investigate. Whether or not the person in your property is considered a trespasser versus a squatter will depend on the assessment of the police investigating the incident. If it is obvious that the unauthorized occupant has taken up residence, then you are dealing with a squatter. If they are not claiming ownership or residing in the property, then they are trespassing.
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While squatting is not a criminal offense in California, squatters can face criminal charges for related crimes. Trespassing, breaking and entry, and vandalism are standard criminal charges that squatters may face.
If convicted, squatters can be subject to fines, probation, and even jail time, depending on the offense's severity and prior criminal history. It is important to note that property owners cannot take matters into their own hands and must follow the legal eviction process to remove squatters.
Attempting to remove squatters through illegal means, such as changing locks or using force, can result in criminal charges against the property owner.
Can A Tenant Become A Squatter?
Although sometimes referred to interchangeably, problematic tenants and squatters have some key differences. A tenant who is not paying rent is not a squatter. A tenant has (or had at some point) a legal rental agreement, and therefore has specific rights under landlord-tenant law, while squatters do not.
Let’s say you own a rental property for many years, but suddenly, your tenant stops paying rent. Since they aren’t paying, you ask them to vacate the property and they refuse. Six months go by and they are still living in your property rent free. Does this mean they are squatters?
No, they are not condidered a squatter because they previously had an agreement with the landlord and have established tenancy. A squatter has had no prior agreement with the landlord.
What Are Squatters Rights California?
Squatters' rights, legally referred to as adverse possession, is the grant of legal ownership of a property to individuals who publicly and continuously occupy it without the owner’s permission.
Simply put, it is a principle in real estate law that allows a squatter to claim full ownership of a rental property they don't own. However, squatters must meet specific requirements to claim adverse possession successfully.
With the ongoing housing crisis, many homeless people are resorting to unlawful squatting in abandoned rental properties. These include vacant buildings from evictions, foreclosed homes, properties where tenants have moved out but the owner fails to monitor the property, etc.
Although this is unfortunate, property owners encounter dire financial burdens when squatters illegally occupy their vacant rentals. Unfortunately, some rental property owners don't realize the extent of 'squatter problems' until they find their property damaged, ransacked, or unexpectedly occupied by strangers.
Owners must take preventative measures to prevent adverse possession claims from squatters after living in the property undetected for years. As a California property owner, you should utilize tools like fair housing complaint screening processes, security cameras, alarm systems, and frequent inspections.
Sometimes, property owners allow someone to use or occupy their property with an oral "at-will" agreement. This creates a tenant "at will" arrangement without a formal lease. These tenants at will aren't squatters with adverse possession rights since their occupancy is permitted.
What is the Required Timeframe to Claim Adverse Possession?
The time required for a squatter to claim adverse possession varies by state, with some states having shorter time frames than others. Among the states with the shortest adverse possession periods are Montana and Wyoming, both requiring only five years of continuous occupation.
California also has a relatively short adverse possession period of 5 years compared to other states like New Jersey and Louisiana, which require 30 and 10 years, respectively. It is important to note that even in states with shorter adverse possession periods, squatters must still meet all other requirements, such as openly occupying the property, paying owner property taxes, and treating the property as their own.
Squatters’ Requirements for Adverse Possession
In California, a squatter can try to make an “adverse possession” claim to gain legal ownership of the property they are occupying if they meet the following requirements:
- Actual possession – physically residing on the rental property
- Continuous possession – living on the property for a continuous period of 5 years
- Hostile possession – occupying the property without permission
- Exclusive possession – excluding everyone else from the property
- Open & notorious possession – using the rental property openly without hiding occupancy
1. Actual Possession
This implies that the squatter must physically live on the property and treat the property like they would their own. For example, they can make improvements to the property or beautify it. Additionally, the squatter must pay owner property taxes during those five years to be eligible to make a viable claim.
2. Continuous Possession
The squatter must have occupied the property for a specific time to be eligible to make an adverse possession claim. Abandoning (or leaving) the property for weeks or months could invalidate their claim to the rental property.
However, for vacation properties, adverse possessors may be allowed to spend time away from the property if that's consistent with how the actual owner would have acted.
3. Hostile Possession
This means the squatter occupies the property without permission from the legal owner. They don't have a rental or lease agreement permitting them to live there.
Sometimes, tenants remain on their property after their lease expires and refuse to leave. These are known as holdover tenants. Even though they were initially permitted to occupy the property, they became illegal squatters by outstaying their lease. The same eviction process applies to squatters who remove holdover tenants.
4. Exclusive Possession
Adverse possession requires the squatter to have exclusive possession of the rental property. During the five years, they cannot share possession with the owner, other squatters, tenants, or anyone else. The squatter must be the only one occupying the property.
5. Open & Notorious Possession
To qualify for an adverse possession claim, the squatter must make his occupation evident to everyone. Even the property owner must know that someone is squatting on their property. If a squatter is living in secrecy and not conducting themselves as an actual property owner would, their claim can be invalid.
Evicting Squatters in California
The laws about squatters vary significantly from state to state, so it's essential to familiarize yourself with California's property law. California has laws that allow a California property owner to remove or evict squatters from their buildings or land quickly.
Most states require property owners to provide squatters with a notice to vacate before filing for eviction. The amount of time squatters are given depends on each state's laws. For example, in California, property owners must provide a 3-day written notice to vacate. In Florida, it's a 7-day notice. The notice offers a timeline for the squatters to leave the property before the owner can file the eviction notice.
If the squatters don’t leave after proper eviction notice is served, the property owner can file a lawsuit known as an unlawful detainer action. This legal process allows the owner to reclaim possession and have the squatters removed by law enforcement.
The court will usually schedule a hearing and issue an eviction order if the owner can provide proof of ownership and show the squatters have no legal right to be there. Correctly following the notice requirements and eviction process can allow owners to remove unwanted squatters from their property more quickly.
To remove a squatter in California, property owners should:
- Serve proper written eviction notice
- File an unlawful detainer lawsuit if they don’t leave
- Get a court order for his eviction
- Coordinate with the sheriff to physically remove them, if necessary
Some creative ways to get rid of squatters include:
- Consider paying them to vacate your premises (aka cash for key agreement). While it may not be ideal, this can save you valuable time in the long run and prevent legal complications.
- Consider renting the property to them. This may help invalidate their adverse possession rights, creating a situation where everyone is happy.
How to Protect Your Property from Squatters
While squatters don't have legal rights to occupy properties, they could gain ownership through an adverse possession claim if they meet all requirements. Therefore, property owners should monitor their properties and follow proper procedures to quickly remove squatters.
To protect your property from potential squatters in California:
- Displaying “no trespassing” signs: Visible signs can act as deterrents. While this might not always dissuade determined squatters, it establishes a clear boundary and communicates your intent to protect your property rights.
- Regular inspections: Periodic checks ensure you're always aware of the state of your property. Routine check-ins can deter would-be squatters and inform you if someone has begun to occupy your property unlawfully.
- Swift action upon discovering squatters: As mentioned previously, time is often of the essence. The longer squatters remain, the more established they become, potentially complicating their removal. Acting promptly can nip potential long-term problems in the bud.
- Securing properties: A simple yet effective measure is ensuring that all entry points (windows, doors, and other access areas) are securely locked or boarded up, especially if the property will be unoccupied for an extended period.
Can Police Remove Squatters in California?
In California, police can only remove squatters from a property under specific circumstances. If the squatters have occupied the property for an extended period and have established tenancy rights, the police cannot immediately remove them without a court order.
In such cases, the California property owner must follow the legal eviction process, which involves serving the squatters with an eviction notice and filing an unlawful detainer lawsuit if they refuse to leave. Only after obtaining a court order can the police assist in removing the squatters.
However, if the squatters are caught trespassing or have not yet established tenancy rights, the police may be able to remove them without a court order.
Is There a New Squatters Law in California?
In January 2024, a new squatters law took effect in California through Senate Bill 602. This law aims to provide property owners with more protection against squatters by extending the validity of trespass letters from 30 days to one year.
Under the new law, property owners can issue a trespass letter to squatters, which remains valid for one year from the date of issuance. This means that if squatters return to the property within that year, they can be immediately removed without needing a new trespass letter. The law also allows property owners to authorize agents to issue trespass letters on their behalf.
FAQs
Can a Property Owner Easily Evict a Squatter in California?
Yes, you can, but evicting a squatter in California can be challenging. As a property owner, you must follow specific legal procedures to evict the squatter, especially after the 30-day period.
Is it Possible to Move From Squatter to Legal Homeowner in California?
Of course. Squatters can sue for legal possession after living in and taking care of an abandoned house for five years as long as they meet the requirements for adverse possession.
Is Squatting Legal in California for 30 Days?
No, squatting isn't legal in California, regardless of the duration. Occupying a property without the owner's consent is considered trespassing. California law does not give squatters legal rights to a property based on a short-term occupation like 30 days.
Can You Kick Out a Squatter in California?
Yes, you can evict a squatter in California. Although squatters may not have a legal right to the property they're occupying, they still have certain protections under the law. To evict a squatter, you must first serve them an eviction notice.
How Much Does it Cost to Evict a Squatter in California?
There are a few different types of fees involved in an eviction. In sum, an eviction will cost you around $3,000 to $4,000 (excluding lost rent).
Can You Turn off Utilities on a Squatter in California?
If someone has been identified as a squatter and is residing on your property, you are not allowed to turn off utilities purposefully. Depending on specific local landlord-tenant laws, this might be acceptable.
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Adrian Pedraza is a Southern California native with a passion for residential real estate. Since 2016, Adrian has been actively investing in properties across the region. He founded The California Homebuyer, a company dedicated to offering homeowners a quick cash sale option. Adrian's enthusiasm for exploring the diverse neighborhoods and unique pockets of SoCal has made him a local expert in various markets and real estate trends. He has been featured on CNN, U.S.News, Realtor.com, Newsweek, and more.