Squatter’s Rights in California

By IPM

7/08/2021

Squatting is when a person finds an abandoned or vacant property and moves in without discussing it with the property owner. It sounds like breaking and entering – except sometimes it is legal.

Quick Facts for California

How to Get Rid of Squatters: Pay to leave; offer to rent; eviction
Required Time of Occupation: 5 years
Color of Title: Not required
Property Taxes: Required for time of occupation

Who Is Considered a Squatter in California?

A squatter is someone who takes up residence in an abandoned, unoccupied or foreclosed building or area of land. This is done without lawful permission. The person does not own or rent the property they take over but are usually there without the owner’s knowledge. Despite this, it’s actually common and legal to squat in the United States.

Isn’t That Trespassing?

Squatting is not necessarily trespassing. While trespassing is a criminal offense, squatting is usually civil in nature. Still, squatting can be treated as criminal behavior if the property owner or landlord has established that the individual in question is unwelcome.

Keep the following in mind.

Squatters or trespassers might falsely claim that they have a right to the property. They can do this by presenting false or fraudulent papers or proof to the owner or law enforcement. This is illegal. In California, however, a squatter can’t be removed if they provide documentation that is at all convincing.
Even though squatters do have rights in general, they can be arrested as a criminal trespasser if they do not fulfill the requirements for adverse possession.
Many homeless people take advantage of squatter’s rights to gain ownership of a property without paying rent or a mortgage.

There are exceptions to the rule:

If a person beautifies (plants flowers, removes debris, or makes improvements) unoccupied or abandoned residential or industrial property, they could possibly avoid prosecution for trespass.
In the case of an emergency, someone who accesses the property without permission may be exempt from trespassing.
The property must not be in use or already occupied for squatters to begin an adverse possession claim.

What About Holdover Tenants?

Holdover tenants (also referred to as tenants at sufferance) are tenants who remain on the property after the lease has ended. If the tenant chooses to remain, they are responsible for continuing to pay rent at the existing rate and terms. If the landlord chooses, they can continue to accept the rent without worrying about the legality of the occupancy.

However, if a holdover tenant does not leave after a notice to move out (or a notice to quit), they can be subject to a lawsuit for unlawful detainer. A holdover tenant cannot claim adverse possession if they have already been told to leave; at this point, they will be considered a criminal trespasser.

If the landlord continues to accept rent, then the tenant becomes a ‘tenant at will’. The landlord can evict the tenant without notice at any time because the tenant is on the property at the will of the landlord.

Understanding Adverse Possession in California

A squatter can claim rights to a property after residing there for a certain time. In California, it only takes 5 years of continuous use or maintenance for a squatter to make an adverse possession claim (CCP § 318, 325).

When a squatter claims adverse possession, they can gain ownership of the property legally. At this point, the squatter has lawful permission to remain on the property and is no longer a criminal trespasser.

In the US, there are five distinct legal requirements that must be met before an adverse possession claim can be made. The occupation is required to be:

Hostile
Actual
Open & Notorious
Exclusive
Continuous

Hostile Claim

“Hostile” doesn’t always mean violent or aggressive. In the legal sense, ‘hostile’ can have three definitions.

Simple occupation. This rule is followed by most states today and defines ‘hostile’ as the occupation of the land only. The trespasser doesn’t even have to know that the land belongs to anyone.
Awareness of trespassing. This rule requires that the trespasser is aware that his or her use of the property is trespassing (meaning that they know they have no legal right to be there).
Good faith mistake. A few states follow this rule. This requires the trespasser to have made an innocent mistake in occupying the property in the first place. They may have an incorrect deed or invalid paperwork. This means that they’ve been occupying the property “in good faith” and were unaware of the property’s current legal status.

Actual Possession

Actual possession requires that the trespasser actually possesses the property. They must be physically present and treat it as if they were the owner. This can be proven by providing documentation of efforts to maintain the property, make improvements, or beautify the premises. Landscaping, as mentioned before, constitutes actual possession.

Open & Notorious Possession

“Open & notorious” simply means that the squatter isn’t attempting to hide their occupation of the property. It must be obvious to anyone that they are squatting there (including any property owner who makes a reasonable effort to investigate).

Exclusive Possession

To fit this requirement, the squatter must be the only person in possession of the land. They cannot share possession or occupation with stranges, other tenants, other squatters, or the owner.

Continuous Possession

The squatter must prove that they have resided in the property for an uninterrupted amount of time. This means that they cannot abandon the property, return to it later, and then claim to have possessed the property for the entire length of time. In California, squatters must have occupied the property or maintained it for at least five continuous years.

Color of Title

Some states have measures for ‘color of title’. This term means that someone has gained ownership of a property without one or more pieces of the required documentation. This can also mean that the squatter believes that they have the right to be there. However, California does not honor ‘color of title’ claims unless they are compelling and very specific to the situation.

Do Squatters Have to Pay Property Taxes in California?

Some states don’t require squatters to pay property taxes in order to claim adverse possession. This isn’t the case in California. To gain the title to any property, the squatter has to be the one paying the necessary taxes, fees, and bills to maintain the property. If they haven’t been paying, they can be legally evicted and have no legal grounds to file an adverse possession claim.

Always make sure that you are paying your own property taxes. This can help avoid adverse possession claims.

How to Get Rid of Squatters in California

There are quite a few ways to deal with squatters in California. California definitely works in favor of the landlord or landowner (as long as they have not abandoned the property or failed to maintain it).

First, the property has to be vacant to begin with. If someone else is actively living on the property, a squatter might be performing a criminal trespass. California law is very particular about this.

However, the first step that you can take to remove squatters from your property is to pay them to leave. This isn’t the ideal solution, and understandably so. If the squatters agree and you can pay them to leave, it can save you valuable time as well as money in the long run. It’s a good idea to attempt this before engaging in a lengthy legal battle.

NOTE

If the landowner is legally “disabled”, they have a longer period to reclaim their property from a squatter or trespasser. A legal disability can mean that the landowner is underage (and have inherited the property) or otherwise incapable of making legal decisions. In this case, the landlord has up to 20 years to prevent an adverse possession claim (by removing the squatters). (CCP § 328).

If the landowner’s disability is removed, either by coming of age, regaining sanity or regaining legal agency, they have five years to reclaim their land. This means that if a squatter is using the land of a disabled person, the period after which they can file an adverse possession claim is extended.

Another way to deny squatters an adverse possession claim is to rent the property to them, or else give them written permission to be there. This can diffuse their adverse possession claim, but it does make getting rid of them significantly harder.

If you have tried all of these methods and they haven’t worked, your next step is to file an eviction notice.

The first thing that you’ll need to do is serve the squatter with a 3-day notice. If they fail to leave after these three days are up, you can file an unlawful detainer suit with the court (make sure that you hire a lawyer or seek legal advice when doing this).

If they are served with the unlawful detainer and do not respond, you can regain possession of the property and may have the squatter removed. If they do respond, a hearing will be scheduled within 20 days.

If the squatter doesn’t have a claim to your property under adverse protection, the judge might rule in your favor. You can present this judgment to the local sheriff (not the police), and the sheriff will post a 5-day notice. After this time, if the squatter remains on your property, they can be forcibly removed.

Tips for Protecting Yourself from Squatters in California

Inspect the property regularly.
Secure the property (make sure all entrances, doors, and windows are locked or blocked).
Put up “No Trespassing” signs, especially if the property is currently unoccupied.
Serve written notices as soon as you can when you realize that squatters are present.
Offer to rent the property to the squatters.
Call the sheriff (not the local police) to remove squatters from the property if they refuse to leave.
Hire a lawyer in case you need to file a lawsuit to remove the squatters from your premises.

Squatters have different rights in different states. Make sure you refer to California Civ. Proc. §§318, 325, 328 for more information.

Source: https://ipropertymanagement.com/laws/california-squatters-rights

How To Evict a Squatter: Why You Need To Act Quickly

By Eric Worral

7/04/2021

While squatters taking over your property might seem like something out of an old Western movie, it’s a very real thing that could happen to you or any other landlord.

Squatters in modern times are less likely to be outlaws trying to steal your property from you and are more likely to be disgruntled tenants or their friends who don’t want to pay to live on your land. That’s right; the tenants that you rent to can become squatters!

While this progression is thankfully not very common, the fact that it is relatively rare makes it an even more difficult situation for landlords to deal with. Most landlords wouldn’t know where to begin if they had a squatter situation.

Would you know how to serve an official eviction notice or whom to call to ensure the squatters are legally removed?

This is all information that you as a landlord need to know to legally protect your property without getting into accidental trouble, and our short guide can help you learn how to evict a squatter.

What is a Squatter?

Let’s start by defining what a squatter is. There is not a single definition, as squatters can arise from all different types of situations.

A squatter may be:

Someone who breaks into or enters a vacant property and begins living there
A tenant who stops paying rent and keeps living on the property
The roommate or subletter of a property that begins to live in a property past their rental period
Anyone who believes they have a right to live on a property that is not currently titled to them

The Damage Caused By Squatters

When a landlord first notices that a former tenant is overstaying their rental period or that their property is being lived in by unwanted guests, it may be confusing and even tempting to let them stay there for a few weeks in hopes that they will leave on their own.

As tempting as that idea maybe, you should never allow a squatter to remain uncontested on your property. In many states, this is what can ultimately lead the squatter to have squatter’s rights to your property.

If these rights come into fruition, evicting them will be even more difficult, so it’s important to know how to remove squatters efficiently.

Squatters do more than just occupy your property. These unwanted visitors can cause a lot of other grief and damage to your business:

An eviction process can take months or even years and is very expensive.
You will lose out on rent.
The property can (and likely will) be damaged.
Valuables held at the property can be stolen.
Utilities & other bills can pile up and put additional debt on the property.
The longer you go without contacting them about leaving, the stronger their case is to stay.

As you can see, allowing squatters to remain on your property is not an option, and you should act swiftly.

How To Evict a Squatter

Now that you know more about squatters and the damage that they can cause for your rental business, it’s time to learn how to remove squatters.

Note: The eviction process and how squatting is defined varies by city, region, and state. Always check your local laws before proceeding with any specific course of action. In most cases, the trespassers must be claiming residency via utilities or bills coming to the home in their name to be considered squatters. Squatting is a civil matter.

The process of evicting a squatter generally goes something like this:

Call the police immediately.
When you find someone on your property, call the police. They can determine if the person is a trespasser or a squatter. If they are a trespasser, the police will consider it a criminal issue and remove them. If they are a squatter, you will need to move on to civil court.
Serve an eviction notice.Serve the squatter with an eviction notice. Be sure to follow any local requirements about the information that must be included in the eviction notice. If the squatter leaves, you’re good to go. If not, move on to step 3.
File a lawsuit.If the squatter does not leave after being served, it’s time to file a civil lawsuit for their illegal use of your property. Check your state and local laws for details on which court you need to file with and what type of information you will need to present. You will have to attend an eviction court hearing.
Have the squatter removed.Once you win your case, you may still need to have the squatter removed. Once you have a final court decision, you can present this to local police to have the squatter legally removed. You may need to pay a fee.
Handle any belongings left behind.When dealing with squatters, you will often be faced with left behind property. While it may be tempting to immediately dump or sell the items, you may not be legally allowed to do so.

No matter what you do, make sure that you follow the local laws when dealing with squatters. Never use force or threats against the squatters even though it might be tempting to try to handle the situation yourself. Rely on the local government to help you get your property back.

**Jessie Huang, Mortgage Loan Professional, Meridian Bank Mortgage**

Preventing Squatters From The Start

Squatters most often become a problem when unreliable tenants overstay their welcome or invite others to do so.

The best way to prevent squatters from ever becoming an issue on your rental properties is to choose great tenants from the get-go.

Great tenants will not only occupy your rental for a longer period of time, but they will also pay rent on time while also respecting your property.

But how do you choose great tenants?

Choosing Great Tenants

This is a problem that many landlords face. They don’t know how to choose the best tenants for their properties!

When reviewing rental applications, every tenant can begin to feel familiar, and it can be difficult to differentiate great potential tenants from risky ones.

For a thorough lesson about how to choose great tenants, check out this article which includes step-by-step information on selection methods.

For now, these quick tips should help you to choose better tenants every single time:

Call references to confirm your gut feeling about a tenant.
Verify both employment and income.
Check national databases for eviction history.
Consider both credit score and background checks when reviewing tenants.
Be clear about your property rules & go over the rules with the tenant.

If you find it difficult to wade through the waters of tenant selection, it might be time to hire a tenant screening service to make the process more efficient. Putting in additional money to find the perfect tenant is worth it for the long-term profit improvement you will see at your property.

Be Patient With The Process

There’s no way to sugar coat it. If you are dealing with squatters on your property and have to file an unlawful detainer lawsuit to get rid of them, it is likely going to be a lengthy process to see them removed.

Still, you need to stick with the system: