Majority people ask, “How to get rid of squatters in California?” This is a genuine concern of landlords as squatters can inflict property damage, such as graffiti, theft, and materials destruction. To tackle this challenging situation, you must be aware of squatting laws, to whom these are applicable, and what are squatter rights in California? You will know all these details and learn about the creative ways to get rid of squatters.
Did you know that California’s squatting laws were laid down in the 1800s, during the Gold Rush era when migrants were coming in, and there were disputes over land. Early laws were designed to encourage settlement while safeguarding ownership rights.
What does Squatting Refer to?
Squatting is the act of occupying a vacant or abandoned property without legal permission.
Table 1: Vacant Houses and Homeless Population in California
| Stats | Details |
| Number of Vacant Houses in California | 1.2 million |
| Homeless Population | 181,000 |
Source: Pacific Research Institute
Difference Between Squatting and Trespassing
Remember, trespassing is a criminal offense, and squatting is a civil matter. If you see anyone entering your property illegally you can call the police. However, the situation becomes a bit complicated if they claim squatter’s rights, also called adverse possession. Here you should know that squatters can be arrested if they don’t qualify for adverse possession or if found to be trespassing. From this discussion, you would be curious about the term adverse possession so first you need to understand it.
Did you know trespassing is regarded asa crime and the person committing this will be fined $1,000 with six months of conviction?
What is Adverse Possession?
It is a legal term used to describe what happens when a squatter takes over the property. There are four requirements to make an adverse possession claim in California:
- Hostile Possession: This means that the squatters genuinely believe that they own the land; they are taking over the property with no idea who owns it; or they know they are trespassing. Usually, it indicates the squatter moves into the property with no concern who owns it because they think they are taking ownership over it.
- Actual Possession: They live in a property like they are the owner and pay associated bills and property taxes.
- Open or Notorious Possession: When someone occupies a property, their presence is observed by the neighbors.
- Exclusive and Continuous Possession: It is the type of possession during which a squatter openly occupies a property and pays taxes for five years.
Why Do Squatter Rights Exist in California?
After this discussion I am sure you would be thinking, “Why is squatting legal”? Don’t worry it is an unlawful act in California, then you might be wondering why do these possession rights exist?
Squatter rights were first crafted to ensure the productive use of land, allowing the people to redesign and occupy the abandoned properties. The major aim of government is to have occupied properties rather than vacant ones to avoid waste.
Squatting Laws in California
Now we will discuss key provisions of squatting laws in California which are:
- Squatters can claim legal ownership if residing in a property open for 5 consecutive years without the true owner contesting its presence.
- Squatters must pay all unpaid property taxes during the 5 years to claim adverse possession.
- To benefit from adverse possession claims, squatters must maintain the house or land they are living in.
- Squatters must demonstrate an honest will of property ownership.
Beyond adverse possession, unlawful trespassing statutes also apply:
- Entering property posted “No Trespassing” is a misdemeanor. Refusing to leave when notified by the owner is also illegal.
- Breaking into a property, damaging locks, or vandalizing the property elevates trespasser penalties.
- Repeating offenses for trespassing increases fines and the likelihood of criminal charges.
How to Protect Your Property from Squatters?
First, keep this in mind that the above discussion was to give you deep insight into squatting laws and rights. If you are the legal owner and someone occupies your property, then it is an unlawful act. Still, if you are worried about safeguarding your home from trespassers or squatters then you must read the following tips:
- Regular Inspection: Conduct regular property inspection to avoid suspicious activity.
- No Trespassing: A good practice is to post signs at the doors or entry points to let the squatters know that they are not welcomed at this place.
- Secure Entry Points: Enhance security at all entry points so that squatters can’t find a way in.
- Keep a Friendly Neighbor: You must maintain a healthy relationship with your neighbors so that in your absence they look after the house.
- Don’t Show an Unoccupied Appearance: If you are not living in a house, it’s better that you pay regular visits, collect newspaper and mail, or use timers on interior and exterior lights.
- Security System Deployment: Install security systems, such as CCTV cameras, alarms, and other devices.
Did you know? Thousands of homes in Los Angeles have been invaded by squatters, leading to significant property damage and, in some cases, physical injury to property owners, according to Newsweek.
How to Get Rid of Squatters in California?
It’s a painful experience for property owners to see squatters living on their land without paying any bills or taxes and creating mess and disturbance. But no worries, if you follow legal procedures wisely then you can remove a squatter from your property. Here are the steps to evict a squatter out of your house:
Prepare and Deliver a Written Notice to the Squatter
The first key step to remove squatters from your property is to write a document in which you should mention the proof of legal ownership and request the squatters to leave their belongings and vacate the property by an agreed-upon date. It is better to keep the tone of the letter soft so to avoid any volatile situation. Remember to send this letter through certified mail to keep the record of delivery.
Unlawful Detainer Lawsuit
If you don’t receive any response from squatters after sending a written notice to vacate the property, then the next step is to file an unlawful detainer lawsuit. Those unfamiliar with the process must research the specific laws of your county and their application to address unlawful detainer lawsuits. In cases like squatter occupation, it is an essential part for the reclamation of one’s property.
Provide a Copy of Lawsuit to Squatter
When you have filed an unlawful detainer, you should provide a copy of the lawsuit to the squatter. You must send it through legally advised channels, such as certified or registered mail, personal delivery, or publication in a newspaper. After this, you must provide proof of service to the court for confirmation and all necessary parties should be aware of the notice and legal proceedings.
Go to Court to Get a Judgment for Property Possession
When you have delivered a copy of unlawful detainer lawsuit to the squatter now the next thing is to visit the court to receive a judgment for possession of the property. This is the major aspect of claiming your rights as a property owner. Make sure that you have all the necessary documentation to prove your right to ownership of the property. In case of any complication, hire a professional attorney who has a deep knowledge of similar cases to strengthen your case in court and ensure quick eviction of the squatters from your property.
Avoid the hassle of the eviction process and sell your property to ABLHouses. We will buy your house with squatters in place.
Contact Local Sheriff to Enforce the Court Order
After you succeed in obtaining a judgment of possession of the property, the last step in eviction is to have your local sheriff enforce the court order by removing all the squatters. As harsh as the measure appears, it is necessary to protect your rights as a property owner and recover the rightful possession of your land. Although the entire process can be lengthy and emotional, it is necessary to take actions to get a desirable result.
Table 2: Key Steps to evict a squatter in California
| Serve an Eviction Notice | Unlawful Detainer Lawsuit | Obtain a Court Order | Enforce the Eviction |
| Provide the squatter with formal notice to vacate the premises. In California, this typically involves a three-day notice to quit. | If the squatter does not vacate after the notice period, file an unlawful detainer lawsuit to initiate formal eviction proceedings. | Attend the court hearing. If the judge rules in favor of the property owner, obtain a writ of possession authorizing the removal of the squatter. | The local sheriff or law enforcement officials execute the writ, physically removing the squatter from the property if they have not vacated voluntarily. |
A Golden Tip
Ready to sell a property with squatters? If you don’t want to take the headache of getting the squatter out of your house, then you can also get help from a professional real estate company. There are reputable organizations out there like ABLHouses who are well-versed in managing such situations.
Don’t worry about squatters. Contact ABLHouses – Your trusted real estate partner in this critical situation. We will pay you all cash no matter the condition of your property.
Conclusion
A squatter in a house is a nightmare for a property owner. In California, there are multiple cases of squatters occupying houses illegally. To avoid this situation, you need to acquire a thorough knowledge of squatting laws in California. After knowing about the squatter rights, you should follow a legal pathway to remove the squatters from your land. It is a time-consuming and nerve-racking process but if planned carefully would result in success. If you are confused and want to sell a house with squatters, contact a professional real estate company to get yourself out of this pressure situation.
FAQs
What is California squatters law?
In California, squatters can make a legal claim to own the property they are occupying after having continuous possession for 5 years. However, it is illegal for someone to squat or trespass on a vacant property without the owner’s permission. Squatting is considered a misdemeanor, punishable by up to 1 year in jail and a maximum fine of $1,000.
What do squatters do?
Squatters occupy an inhabited land or house without any legal permission.
How can a landlord prevent squatters?
As a landlord, you should take active measures to prevent squatters on your property — especially if it’s vacant. Carry out regular inspection, maintain contact with neighbors, install security systems, place “No trespassing” sign boards, and restrict entry to the house.
How to get a squatter out of your house?
To evict a squatter from your house, you should follow a legal procedure that includes sending a written notice, filing an unlawful detainer lawsuit, and visiting the court to take possession of your property. If you want to avoid this process, then there are few companies who provide services for the eviction of squatters. You can search for those companies in California and get help.
How Long Does the Eviction Process Take?
The eviction process can take around 45 to 90 days in California.