Squatters Rights in California 2024: Eviction Steps and Property Protection

Imagine preparing your vacant rental property for new tenants, only to discover strangers have moved in without your permission. For thousands of California property owners, this nightmare scenario is a stark reality. Squatting has become a significant concern across the state, affecting properties ranging from vacant lots to multimillion-dollar mansions in affluent areas.

With the housing market constantly evolving and new 2024 laws like Senate Bill 602 coming into effect, understanding squatters rights in California has never been more essential for property owners. The issue has grown more acute in recent years, particularly following economic downturns, prompting both legislative action and the emergence of specialized services to address the problem.

In this comprehensive guide, we'll equip you with the knowledge to protect your investments effectively. We'll cover everything from defining who qualifies as a squatter to exploring the latest legal updates, including how to use new laws that allow property owners to issue no-trespass notices through local police.

Whether you're a seasoned landlord or a first-time investor, you'll find valuable insights on prevention strategies and the steps for legal removal of unauthorized occupants.

Identifying a squatter vs. trespassers vs holdover tenants

Before we discuss the main topic at hand, let’s first identify exactly what a squatter is and how it differs from a trespasser and a holdover tenant.

• Squatter: An individual who occupies property without the owner’s permission but may claim ownership through adverse possession under specific legal conditions.
• Trespasser: Someone who enters or uses someone else’s property without permission, with no intention to occupy long-term or claim ownership.
• Holdover tenant: A tenant who remains on the property after their lease has expired without the landlord’s permission.

In addition to recognizing the differences between these groups, it’s important to note that the legal approaches for addressing squatters, trespassers, and holdover tenants vary significantly.

Squatters can potentially gain legal ownership of rental properties through adverse possession if they meet certain criteria, which varies by jurisdiction. Trespassers on the other hand, can be subject to immediate removal without the legal protections afforded to squatters or tenants.

Finally, holdover tenants may be evicted through a formal eviction process, but they are often granted more rights than squatters or trespassers, such as notice requirements.

Who is considered a squatter under California law in 2024?

As briefly mentioned above, squatters are people who establish residence in properties they don't legally own or have explicit permission to occupy. Unlike tenants, they don't engage in a rental agreement or pay rent, and the California property owner doesn't initially sanction their stay.

Their presence often arises from various circumstances, ranging from homelessness to opportunistic possession of unused spaces.

Typical properties targeted

Squatters tend to gravitate towards properties that appear uninhabited or unmonitored. Such places often include:

• Unoccupied properties: Homes or buildings left vacant for extended periods, either due to the owner being away or properties that are up for sale but haven't found buyers yet.
• Foreclosed properties: Banks or other financial institutions have taken over these homes due to the owner's inability to keep up with mortgage payments. These properties often remain vacant while the legal processes unfold, making them prime targets.
• Abandoned properties: These are structures left behind by their previous owners. Reasons for abandonment can vary from financial difficulties to the property being deemed uninhabitable. Their neglected appearance often signals to squatters that they can live there without immediate repercussions.
• Economic and social factors: Areas undergoing economic hardship or neighborhood decline are more prone to squatting. Properties in secluded locations are also at risk, as squatters may seek out less visible areas to occupy.

Squatting and its legal jargon

Having defined who is considered a squatter in California and the types of properties often targeted or at risk, we’ll now take a look at the legal terms that often emerge when discussing squatters’ rights and implications.

Adverse possession claim

Central to the discussion of squatting law is the concept of adverse possession in California, which involves specific legal requirements and processes. Under certain conditions, this legal principle enables squatters to claim rightful ownership of a property they’ve occupied without the owner’s consent.

Color of title

Equally significant is the term color of title. This describes a situation where an individual believes they own a property, possibly because of flawed or incomplete documentation, even if they don't possess a clear legal title.

How do squatters claim adverse possession?

Adverse possession in California involves specific legal requirements and processes, including continuous and open possession for a statutory period, payment of property taxes, and the intent to claim ownership.

Hostile claim

The "hostile" nature of the squatter's claim is at the heart of adverse possession. Despite its confrontational connotation, in this context, hostile possession refers to the manner of occupation.

Let's understand this through its three principal definitions:

• Simple occupation: Predominantly followed in states like California, this term implies that the squatter's claim relies solely on occupying the land, regardless of their awareness of the property's legal standing.
• Awareness of trespassing: Here, the trespasser is fully aware that their occupation of the property lacks legal sanction. Their continued stay becomes a deliberate defiance against the property's legal owner.
• Good faith mistake: This occurs when trespassers believe in their lawful right to the property, usually due to an erroneous or invalid deed, making their occupation unintended.

Exclusive possession

A squatter's claim to property might garner some sympathy when their occupation is exclusive. This exclusivity mandates that they are the sole occupants of the property, not sharing it with any outsiders - especially with the owner.

Sole occupation accentuates the owner's absence.

Open and notorious possession

Stealth or secrecy can be detrimental to a squatter's claim. To validate their claim via adverse possession, the occupation must be evident to all. This visibility ensures that the actual owner, or anyone for that matter, can easily discern the squatter's presence, thus allowing the owner an opportunity to contest it.

Actual possession

Adverse possession demands more than just occupation of vacant property; it requires possession that mirrors ownership.

This means the squatter must exhibit behaviors akin to those of the rightful owner. One of the most pivotal behaviors in California is the consistent payment of property taxes.

By fulfilling this fiscal duty, squatters assert a genuine bond with the property and shoulder the legal obligations typically associated with ownership. This act of fiscal responsibility elevates their status, aligning it more closely with that of an actual owner.

Apart from paying property taxes themselves, maintaining, enhancing, or improving the property further establishes their claim. Such actions underscore a deep commitment and connection to the land, making it more than just a place of occupation but a reflection of genuine ownership intent.

Continuous possession

Intermittent stays won't cement a squatter's claim. Adverse possession necessitates uninterrupted occupation over a designated timeframe. This continuity strengthens the squatter's claim, while any substantial breaks or desertion can jeopardize it.

The exact duration varies--typically requiring at least five years of uninterrupted occupation, but the essence remains: time is of the essence in reinforcing or disputing a claim.

What is squatters rights 30 days?

There's a common misconception about a specific "30-day squatter's right" in California. While it's true that anyone living in a property for 30 days or more gains certain tenant protections, this doesn't provide them ownership rights.

After 30 days of occupancy:

1. The individual is considered a month-to-month tenant under California law.
2. They cannot be removed without a formal eviction process.
3. Property owners must provide proper notice and go through legal channels for removal.

This legal protection applies even if the person initially entered the property illegally. It's designed to prevent illegal lockouts and ensure due process, but it doesn't grant any rights to claim legal ownership of the property.

Remember, for actual adverse possession claims, squatters must meet the five-year continuous occupation requirement and other criteria discussed earlier in this guide.

How does the legal process for adverse possession claims in California work?

Now that we’ve covered the various types of adverse possession claims, let’s discuss the specific timeframes and requirements unique to California.

1. Occupation and time period: The individual must openly and notoriously occupy the property for at least five years, paying property taxes throughout this period.
2. Claim of right or color of title: The possession must be held under a claim of right or color of title, demonstrating an intention to make the property their own.
3. Exclusive and continuous possession: The possession must be exclusive, hostile to the true owner’s interest, and continuous for at least five years without sharing it with others.
4. Uninterrupted possession: The possession must be uninterrupted for the required time period, with any interruption resetting the clock on the five-year requirement.
5. Payment of property taxes: The adverse possessor must pay all taxes levied and assessed on the property during the five-year period.
6. Legal action: Once these requirements are met, the adverse possessor can potentially seek legal ownership of the property through a court action, such as filing for quiet title to establish their ownership.

By meeting these criteria, an individual in California can potentially gain legal ownership of a property through adverse possession, subject to certain exceptions and defenses as outlined in California’s laws on adverse possession.

The eviction process for squatters in California

Evicting a squatter from your property can be a challenging and meticulous process that requires adherence to specific legal steps to ensure it is conducted lawfully and effectively.

The presence of squatters on your property can be a stressful and complex issue to resolve, but understanding and following the correct eviction procedures is key to regaining control of your property.

Serve a Notice to Quit

The first step in the eviction process is to serve the squatters with a Notice to Quit. This is a written notification that orders the squatters to vacate the property within a specified timeframe, typically 3 days in California.

This eviction notice must be delivered in a manner that complies with state laws, ensuring it is legally binding and recognized. The Notice to Quit is an important initial step, as it formally begins the eviction process and establishes a legal basis for further actions if the squatters refuse to leave.

File an unlawful detainer lawsuit

Should the squatters not comply with the Notice to Quit and remain on the property, the next step is to file an Unlawful Detainer lawsuit in court. This legal action seeks to obtain a court order that recognizes the property owner's rights and requests the removal of the squatters.

Filing this lawsuit involves submitting proper documentation and evidence of ownership, as well as any proof that the squatters are unlawfully occupying the property. It's important to ensure all paperwork is accurately completed and filed to avoid delays in the legal process.

Court hearing

Following the filing of the lawsuit, a court hearing will be scheduled. During this hearing, the property owner must present evidence of ownership and demonstrate that the squatters do not have any legal right to occupy the property.

This may include presenting the property deed, any communication with the squatters, and the Notice to Quit that was served. The squatters will also have an opportunity to present their case. The judge will then make a decision based on the evidence presented.

Obtain a Writ of Restitution

If the court rules in favor of the property owner, the next step is to obtain a Writ of Restitution. This legal document authorizes the original property owner to work with law enforcement to physically remove the squatters from the property.

The issuance of a Writ of Restitution signifies the final legal approval needed for eviction, ensuring that the removal of squatters is conducted lawfully and with the support of local authorities.

The eviction of squatters is a serious matter that must be handled with care and legal precision. By following these steps and seeking the appropriate legal advice when necessary, owners can effectively address squatter situations and protect their investment. 

Remember, the goal is to resolve the situation lawfully and regain control of your property with minimal stress and disruption.

2024 legal updates: Senate Bill 602

In January 2024, California implemented Senate Bill 602, significantly changing how property owners can deal with squatters and trespassers. Here are the key updates:

• Extended trespass letters: Owners can now issue trespass letters that remain valid for one full year. This is a major improvement from the previous 30-day validity period.
• Quick removal of repeat offenders: If squatters return within the one-year period, they can be removed immediately. No new trespass letter is required in these cases.
• Authorized agents: a property owner can now designate agents (like property managers) to issue trespass letters on their behalf. This is especially helpful for out-of-state owners or those using management companies.
• Electronic filing system: Owners can now file trespass notices electronically with their local sheriff's department. These notices can be kept on file for up to one year. In some cases, this may allow for quicker removal of squatters without going through the court system.

While not eliminating squatters' rights entirely, the new law provides more efficient tools for dealing with unauthorized occupants. It streamlines the process of removing squatters and helps prevent long-term illegal occupancy.

How squatters affect property values and taxes in California

The presence of squatters can have significant ramifications for property owners beyond the immediate inconvenience. Understanding these impacts is essential for protecting your investment.

Impact on property values:

1. Market value decline: Properties occupied by squatters often experience a sharp decrease in market value. Potential buyers and renters are typically deterred by unauthorized occupants, reducing demand and lowering prices.
2. Property damage: Squatters may cause extensive damage, including broken windows, damaged doors, and vandalized interiors. The cost of repairs further diminishes the property's value.
3. Neighborhood effect: A single property occupied by squatters can negatively impact surrounding property values by creating an impression of neglect or decay in the area.

Effects on property taxes:

1. Continued tax burden: Property owners remain responsible for paying property taxes even when squatters occupy their property, creating a financial strain without any rental income.
2. Adverse possession risk: As mentioned earlier, squatters in California can potentially claim ownership through adverse possession after occupying a property for 5 years and paying property taxes during that time. This poses a risk of property owners losing their asset entirely.
3. Tax payment challenges: The financial strain of dealing with squatters - including legal fees, property damage, and lost rental income - may cause some property owners to delay or default on property tax payments.

Broader economic implications:

1. Local tax revenue: Widespread squatting in an area can lead to decreased property values across the neighborhood, potentially reducing the overall property tax base for local governments.
2. Municipal costs: Local governments may face increased costs for law enforcement, legal proceedings, and social services related to addressing squatting issues.

These economic impacts underscore the importance of the preventive measures and prompt action discussed earlier in this guide. By understanding these potential consequences, property owners can better appreciate the urgency of protecting their investments from unauthorized occupants.

Practical measures for property owners

Dealing with squatters' rights requires both reactive and preventive strategies. Here are some approaches property owners can use to address current squatter situations and protect their properties from future unauthorized occupants:

Handling squatters without the need to escalate 

• The carrot approach: In some situations, opting for diplomacy over confrontation might be more expedient. Offering a financial incentive to encourage squatters to leave might seem counterintuitive, but it can sometimes be the quickest, least stressful, and most cost-effective solution.
• Transitioning from squatter to tenant: Converting a squatter into a legitimate tenant is another avenue. This approach can provide a win-win: you gain a rent-paying occupant, and the former squatter gets legal housing. However, it's essential to weigh this against potential downsides, like setting an unintended precedent or dealing with a tenant who might not be ideal.

How to protect your property from squatters claiming legal ownership

• Regular inspections: Regular inspections: Periodic checks ensure you’re always aware of the state of your property. Routine check-ins, ideally scheduled through property management software like Azibo, act as a deterrent for would-be squatters and give you a heads-up if someone has begun to occupy your property unlawfully.
• Securing properties: A simple yet effective measure is ensuring that all entry points (windows, doors, and other access areas) are securely locked, especially if the property will be unoccupied for an extended period of time. Azibo makes it easy to track lease expirations and maintain a clear view of which properties may be vulnerable to unauthorized occupants.
• Keep your property rented: One of the best ways to prevent squatters is to ensure that your property is rented out and properly managed. With Azibo, you can efficiently track rent payments, and handle tenant communications—all of which reduce the likelihood of vacancies, making it harder for squatters to take over.
• 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.
• 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.

By combining smart property management tools like Azibo with proactive measures such as regular inspections and securing vacant units, property owners can significantly reduce the risk of squatter claims and protect their investments. This multifaceted strategy ensures that your properties are well-managed and secure at all times.

Sign up for Azibo for free, today.

The need for professional assistance for a property owner

Dealing with squatters involves complex legal issues that can be challenging for property owners to navigate alone. While understanding the basics of squatters' rights is important, the nuances of legal action often require expert guidance.

Seeking professional advice can help property owners:

• Understand and follow proper eviction procedures
• Interpret squatters' legal rights accurately
• Implement effective prevention strategies
• Avoid costly mistakes from misinterpreting laws

Lawyers experienced in property law can provide valuable insights on handling squatter situations, potentially saving time, money, and stress in the long run.

Protecting Your Property in the Face of Squatters' Rights in California

Navigating the complexities of squatters' rights in California requires vigilance, knowledge, and proactive management. As we've explored, the legal landscape is evolving, with new laws like Senate Bill 602 providing property owners with more tools to protect their investments. However, the threat of adverse possession and the potential impact on property values and taxes remain significant concerns.

By staying informed about the latest legal updates, implementing preventive measures, and acting swiftly when issues arise, you can significantly reduce the risk of squatter-related problems. Remember, regular property inspections, secure vacant properties, and maintaining clear documentation are your first line of defense.

Don't let the complexities of property management leave you vulnerable to squatters. Take control of your real estate investments today with Azibo's comprehensive property management platform. From tracking lease expirations to streamlining tenant communications, Azibo provides the tools you need to keep your properties occupied, well-maintained, and protected.

Ready to safeguard your investments and simplify your property management? Sign up for Azibo now – it's free to get started, and it could be the most important step you take in protecting your property from squatters. Don't wait until it's too late – take action today and enjoy peace of mind tomorrow.