After 3 months away, a Los Angeles landlord returns to find strangers living in his rental, claiming the right to stay under California law. Strange though it may seem, scenarios like this show how squatters’ rights and adverse possession can quickly turn into problems for property owners.
This guide outlines what constitutes squatting in California, how adverse possession claims work, and the steps landlords should take to remove unlawful occupants legally. Keep reading to stay informed and prevent potential squatter issues with your properties.
What is a squatter?
A squatter lives in an abandoned or unoccupied property without the owner’s consent and a valid lease agreement. Squatters move in without permission, don’t pay rent, and hold no legal right to occupy the space under California landlord-tenant law.
For example, a squatter might break into a vacant San Jose rental and move in after the property sits empty for a few months. Because the squatter never signed a lease or paid rent, the law treats them as an unlawful occupant and not a legitimate tenant.
Key Differences Between Squatters and Trespassers
Knowing the difference between squatters and trespassers helps California landlords respond appropriately. This guide explains in detail why this distinction matters when protecting your property rights. Here’s an overview of the main differences:
Squatters
- Reside in a property for weeks, months, or even years without permission
- Try to build a case for legal possession of the property
- Require landlords to undertake a formal eviction through the courts to remove them lawfully
Trespassers
- Enter a property without consent, but usually leave within hours or a day
- Make no effort to claim the right to long-term occupancy
- Landlords can contact the police or other local authorities to remove trespassers immediately
In short, squatters stay on a property long enough to create legal headaches for landlords, while trespassers come and go before ownership laws take effect.
What are squatters’ rights?
In California, squatters’ rights provide long-term occupants with the legal means to claim ownership of a property, but only under highly specific circumstances. According to TurboTenant, these rights come from California’s adverse possession laws, which unlawful occupants can use to gain legal control of a home.
As you might imagine, squatters’ rights can create serious challenges for landlords. An occupant who lives on an abandoned or unoccupied property for years may eventually pursue ownership through adverse possession, so landlords must act quickly and follow the legal eviction process to defend their property.
Can a squatter actually claim legal rights to a property?
Believe it or not, squatters in California can gain legal title to a property through a legal concept called adverse possession. That said, the process takes years and requires the squatter to provide detailed proof.
Landlords can prevent adverse possession by securing their rentals, conducting regular inspections, and keeping all of their rental records up to date.
Adverse Possession Laws in California
In California, as in other states, adverse possession allows an unlawful resident to acquire legal title to a property after living on it for a specified period without the owner’s consent. This process offers a possible path to ownership, but only if the occupant meets each of the following requirements under California law:
Actual: The occupant must live on and use the property as an owner would, maintaining it, making repairs, and completing other material improvements.
Open and notorious: The occupation must be easily visible to others, including neighbors and the legal owner. If the occupant attempts to hide their residence, they cannot claim squatters’ rights or adverse possession.
Hostile: The occupant must reside on the property without the legal owner’s permission. For example, a squatter moving into an abandoned rental without the landlord’s consent meets this condition.
Exclusive: The occupant cannot allow any other individuals to reside on the property (including the owner or other squatters).
Continuous: The occupant must treat the property as a full-time residence while paying all property taxes for at least 5 consecutive years.
Supporting law: Cal. Civ. Proc. Code § 325, Cal. Civ. Code § 1007
Occupancy Time Requirements for Adverse Possession
To qualify for an adverse possession claim in California, a squatter must pay property taxes and reside on the property full-time, with no significant absences, for at least 5 consecutive years. Missing a payment or leaving the property will restart the 5-year timer.
For instance, a squatter who stays in a vacant California home for 4 years before temporarily moving out would lose all progress toward an adverse possession claim. Simply put, if the squatter does not occupy the property for 5 consecutive years, they cannot legally claim ownership.
Supporting law: Cal. Civ. Proc. Code § 325
Does the squatter need to have a color of title to claim adverse possession?
“Color of title” refers to a faulty or invalid document, such as an incorrect deed or sale record, that makes someone believe they own a property. For instance, a buyer might receive a color of title after purchasing a foreclosed property at a flawed auction.
In California, squatters don’t need a color of title to pursue adverse possession. Instead, they must fulfill all five conditions of adverse possession above and reside on the property for 5 continuous years while paying all property taxes.
Supporting law: Cal. Civ. Proc. Code § 325
Does the squatter have to pay property taxes for adverse possession in California?
As just mentioned, squatters must pay property taxes to claim adverse possession in California. You can learn more about the Golden State’s tax obligations in this guide.
A squatter must pay property taxes for at least 5 consecutive years to claim adverse possession, and paying does not affect the required occupancy period. Importantly, if the legal property owner pays their property taxes on time, the squatter most likely won’t be able to meet this requirement.
Supporting law: Cal. Civ. Proc. Code § 325
How to Legally Remove Squatters from Your Property
Frustrating though it may be, you must follow the legal eviction process to remove squatters in California. If you’re dealing with a squatter, here’s what you must do:
Step 1: Attempt to Convince the Squatter to Leave Willingly
Before taking any legal steps, try the most straightforward solution: talking to the squatter. You could offer a cash-for-keys agreement or help them with moving expenses. If the squatter takes you up on your offer, you might save yourself legal costs and weeks of waiting for the case to move through the courts.
Important: Never attempt to remove a squatter by yourself. Self-help eviction is illegal in California and may result in fines, criminal charges, or even dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
If talking doesn’t work, contact your local sheriff’s office and ask a law enforcement officer to visit your property to speak with the squatter and determine whether they are a trespasser. If so, the officer can remove the trespasser immediately.
Step 3: Serve the Squatter a 3-Day Notice to Quit
If all else fails, then you have to treat the squatter as a tenant and start the eviction process. To do so, you must serve a 3-Day Notice to Quit, giving the squatter 3 days to leave before you file an unlawful detainer complaint and attempt to remove them.
Step 4: File an Unlawful Detainer Complaint Against the Squatter
If the squatter still refuses to leave after 3 days, file an Unlawful Detainer Complaint with the Superior Court in your rental property’s county, asking the courts to return your property to you. Our California eviction guide explores this process in more detail.
Step 5: Present Your Case in Front of a Judge
Next, you’ll have to argue your case in court. Bring clear, organized evidence to prove that the squatter has no legal right to reside on your property or claim adverse possession.
- Lease agreements: Show the judge that the squatter does not have a valid lease or other contract.
- Utility records: Demonstrate that the squatter never paid any water, gas, or electricity bills.
- Photos or videos: Showcase the property’s condition both before and after the squatter’s stay.
- Witness statements: Provide statements from neighbors, property managers, or other people who noticed the squatter’s residence on your property.
- Tax receipts: Prove that you have consistently paid property taxes, thereby disqualifying the squatter’s tax payment requirement
The squatter must also present their own evidence, proving that they paid property taxes for at least 5 years and their residence was continuous, open and notorious, hostile, exclusive, and actual. After hearing from both sides, the judge will decide who has legal ownership.
Step 5: Obtain a Writ of Possession Authorizing Removal of the Squatter
If all goes well, the judge will rule in your favor and issue a Judgment for Possession. This document allows you to obtain a Writ of Possession from the county clerk. In turn, the Writ of Possession will enable you to ask the local sheriff to remove the squatter.
Step 6: Coordinate Removal of the Squatter With Local Law Enforcement
Once you provide the writ to the county sheriff, the sheriff will give the squatter 5 days’ notice to move out. If the squatter remains on the property after 5 days, law enforcement will return to remove them and restore legal possession to you.
The sheriff’s department will also record proof of service for the courts. If the squatter leaves behind any belongings, California law requires you to store them for at least 15 days and to provide written notice to the squatter before disposing of them.
After the squatter departs, quickly take all necessary steps to secure your property, such as changing the locks, adding outdoor lighting, and posting “No Trespassing” signs. Doing so can prevent future squatting issues.
Now that the eviction process is complete, let’s explore other means to keep squatters off your property.
Tips for Preventing Squatters from Occupying Your Property
Since removing squatters is costly and time-consuming, it’s best to prevent squatter situations altogether. To protect your California rental investment, take these steps:
Inspect the property regularly: Visit your rental property often, but especially during vacancies. Doing so will help you spot any signs of unauthorized entry and discourage squatters from moving in.
Install security cameras: Put up visible cameras at common points of entry, such as doors and garages. If a squatter does move in, the camera footage could serve as proof of unlawful activity.
Act quickly against trespassers: If you spot signs of unauthorized entry, report them to local law enforcement immediately. The faster you can remove a squatter or trespasser from your property, the better.
Secure all entry points: Ensure windows, doors, and gates are locked, and install motion-sensing lights where possible. These measures could deter squatters seeking an easy target.
Maintain the property: Even when vacant, your rental should be well-maintained. Collect mail, keep landscaping up to date, and replace any broken fixtures. This practice can keep your property off the radar of squatters searching for vacant homes.
Fill vacancies quickly: Don’t leave your rental property empty for long, since it may draw a squatter’s interest. Use digital rental advertising tools to find new tenants and fill vacancies quickly.
Screen future tenants thoroughly: Check a candidate’s background, credit, and eviction history before ever renting to them. With careful screening, you can avoid long vacancies and find reliable renters who are unlikely to pose squatting issues.
By following these tips, California landlords can keep their rental properties safe and out of the hands of squatters.
Use Digital Tools to Help Landlords Thwart Squatters
Though the tips above can help California landlords prevent squatter situations, the right digital tools can also make a huge difference. With them, California landlords can avoid squatters’ rights and adverse possession claims in their vacant properties.
Property management software makes it easier for landlords to store lease agreements, keep track of rental property inspections, and record rent payment history, all of which can strengthen your legal position against squatters.
To learn more about how you can manage your rental units online, sign up for a free TurboTenant account today.
FAQs: Squatters’ Rights & Adverse Possession Laws in California
How long does it take a squatter to claim property rights in California?
A squatter must physically reside on a property for at least 5 consecutive years while paying property taxes. The squatter’s residence must also be open and notorious, hostile, continuous, and exclusive. The squatter may only claim property rights in California after meeting all of these conditions.
Can landlords remove squatters legally without taking legal action?
No. As in other states, California landlords must pursue a completely legal eviction rather than attempting to remove the squatter themselves. Pursuing a self-help eviction outside the courts could result in fines, criminal charges, and other penalties.
What’s the difference between a squatter and a holdover tenant?
A squatter enters and resides on a property without the owner’s consent, while a holdover tenant remains on the property after a lease expires. Both require a legal eviction process for removal, but a holdover tenant previously had permission to occupy the property under a valid California lease agreement.
Can a landlord turn off power or change locks to remove a squatter?
No. Utility shutoffs and changing locks count as “self-help evictions,” which California and other states strictly ban. After pursuing a legal eviction, the landlord may obtain a Writ of Possession, at which point the county sheriff can legally remove a squatter.