Squatting Laws in California – An Overview

Squatter’s Rights are a form of Adverse Possession. If a squatter occupies your vacant property without legal ownership, for a period of time and meets a set of guidelines outlined by California law. Then your property may legally become the squatters with no exchange of payment or effect on how to pay property taxes.

As a property owner, it is essential to familiarize yourself with Squatters Rights in California to prevent this adverse possession from happening. Removing a squatter from your property is harder than just avoiding them altogether.

But understanding how someone can claim squatters rights on an unoccupied property can be tricky. Rental properties have a myriad of laws that govern them, so understanding adverse possession is critical for any property owner. 

So, Halcyon Real Estate services have put together this article to help landlords understand their responsibilities in a legal sense. 

What are Squatter’s Rights in California? Here’s a Guide

A squatter must have exclusive possession of your property for a certain amount of time for them to gain Squatter’s Rights. This amount of time may vary from state to state.

In the State of California, a squatter must occupy your property for a period of 5 years put forward any adverse possession claims. This is the shortest period of any state.

Before they can take actual possession of your rental property, a squatter must occupy your property in a specific way for them to have rights as a squatter. But there are a few requirements for a squatter to claim adverse possession and eventually gain ownership of the property: 

• The occupation must be “hostile”. California defines hostile possession as occupying a property and claiming it as one’s own. The squatter doesn’t have to know who the property actually belongs to.
• The trespasser must be physically present on the property. Furthermore, they must treat it like an owner would. This can be proven through beautification, such as landscaping and other maintenance efforts.
• The trespasser must not try to hide their occupation of the property. They must make it obvious to anyone that they are living there. Even the actual owner doing an inspection should be able to tell that there’s someone living on their property.
• The squatter must occupy the property exclusively. Sharing it with others would invalidate their adverse possession claim.
• Continuous possession by the squatter for 5 uninterrupted years. To put it in another way, they can’t have abandoned the property at some point during the five years.

How to Prevent Squatters in California

As they say, “prevention is better than the cure.” This adage is very relevant when it comes to squatters since avoiding them is preferable to having to evict them.

The following are some measures property owners can take to keep squatters away from your California property.

• Inspect your property as regularly as you can. If, for whatever reason, you aren’t able to, ask a neighbor to keep an eye on it.
• Secure the property. Fence it off and block all main entrances, among other things. You can also put up ‘no trespassing signs.
• Give the impression that the property is occupied. For instance: Set up some automatic lights, have neighbors visit, and have landscaping done regularly.
• Call the police immediately if you suspect there is someone squatting on your property.
• Hire a professional property management company to look after it. A good company will ensure it’s rented by a quality tenant, it’s inspected periodically, property taxes are understood and you’re paid consistently month after month. Halcyon Real Estate Services can do all of this and more.

Evicting Squatters in California

In California, property owners can deal with squatters in a few ways. California squatter’ rights and California laws generally favor landlords, as long as they haven’t abandoned the unit or failed to maintain it. 

One way to invalidate an adverse possession claim is by giving the squatter an option to rent the property. This, however, can make removing them harder. That’s because they will now have a right to live on the property for as long as the lease stipulates.

The only exception to this would be if the squatter (now a tenant) fails to adhere to the terms of the agreement. This means, for example, failing to pay rent or causing excessive damage to your rental property.

But if renting to the squatter doesn’t interest you, the next course of action would be to try and evict them. Of course, this doesn’t mean doing it yourself by engaging in “self-help” tactics, such as:

• Turning off their utilities.
• Removing their belongings.
• Locking them out.

All of these tactics are a criminal offense as per the State of California tenant adverse possession laws. To evict a squatter, property law state you must go through the eviction process stipulated in the statewide rental laws.

The first step in this should be to serve the squatter an eviction notice.

When it comes to removing a squatter, the 3-Day Notice to Quit is most ideal. This notice will give the squatter three days to move out. If they don’t obey and continue to stay there, you can move to court and file an unlawful detainer suit.

Once served with a summons, squatters rights afford them an opportunity to respond. However, chances are the squatter won’t fight it since they have no legal right to the rental property. If that’s the case, the court will probably issue a default judgment in your favor.

You’ll then have to request a Writ of Restitution from the court. This is the squatters’ final notice to vacate the premises. Once served, squatters rights give them up to 5 days to move out or else get forcibly removed by the sheriff.

Squatters are certainly a nuisance to any California property owner. Use these tips to stop them in their tracks.

If you need expert help or have any other questions regarding property ownership, real estate law, notorious possession, or your legal rights, Halcyon Real Estate Services can help. We are a full-service property management company that can care for your property while you’re away.

We can rent out your property to a qualified tenant that will care for it, and rent long-term. Get in touch today!