As a property owner in California, it’s crucial to know your rights and take proactive measures to safeguard your property from squatters.
Understanding squatter rights and the legal steps to evict them can protect your California property from adverse possession.
What Are Squatter’s Rights in California?
Squatter’s rights, or adverse possession, allow individuals who openly occupy an abandoned or unoccupied property for an extended period to potentially claim ownership. In California, a squatter must continuously occupy the property for at least five years, pay property taxes, and meet other specific requirements to make an adverse possession claim.
While these rights exist to prevent properties from falling into disrepair and to promote land use, they can be problematic for owners who don’t regularly monitor their vacant properties. It’s essential to understand these rights and take action before a squatter situation arises.
Who Qualifies as a Squatter in California?
A squatter is someone who occupies a property without the owner’s permission and without a legal right to do so. Squatters might move into abandoned buildings, vacant lots, or even temporarily unoccupied properties, like vacation homes or rental properties between tenants.
To qualify for adverse possession in California, a squatter must:
- Continuous Occupation: Squatters must live on the property without interruption for a minimum of five years. Any abandonment or reclaiming of the property by the legal owner disrupts this continuity.
- Open and Notorious Use: The squatter’s presence must be obvious and not concealed from the public or the property owner, showcasing their intent to claim ownership.
- Payment of Property Taxes: Unlike many other states, California requires squatters to pay property taxes and assessments for the entire five-year period, adding a layer of difficulty to adverse possession claims.
- Claim the property exclusively: Squatters must claim the property exclusively and without permission from the legal owner.
Squatters vs. Trespassers: What’s the Difference?
It’s important to distinguish between squatters and trespassers. Trespassers occupy a property temporarily and without the intention of claiming ownership, while squatters intend to remain on the property long-term and may attempt to establish legal rights through adverse possession.
Risks of Squatters on Your Property
Allowing squatters to remain on your property can lead to significant challenges, including:
- Legal Complications and Costs: Defending against an adverse possession claim can result in lengthy and expensive legal battles. Even if you win, the process can be time-consuming and costly.
- Property Damage and Neglect: Squatters may not maintain the property, leading to damage and decreased value. This neglect can be particularly problematic if the situation persists.
- Liability Issues: As the legal owner, you might be liable for any injuries or accidents on your property, even those involving squatters, which could result in lawsuits and financial burdens.
How to Prevent Squatters from Occupying Your California Property
Preventing squatters is the best approach. Here are some proactive measures to secure your vacant properties and deter potential squatters:
- Secure All Entrances and Windows
Ensure all doors, windows, and other entry points are properly locked and secured. Install deadbolts, window locks, and security bars to make access more difficult. - Post “No Trespassing” Signs
Display “No Trespassing” signs around your property. This serves as a visible deterrent and establishes that any occupants are there without your permission. - Conduct Regular Property Inspections
Visit your vacant properties regularly. If you can’t check on them frequently, consider hiring a property management company to conduct inspections. - Install Security Cameras and Lighting
Security cameras and motion-activated lighting can help deter squatters and provide evidence if someone tries to occupy your property. Place cameras strategically and check footage regularly. - Keep Utilities Turned Off
Turn off all utilities in vacant properties to make them less attractive to squatters and avoid unnecessary expenses. - Maintain the Property’s Appearance
A well-maintained property is less likely to attract squatters. Keep the lawn mowed, hedges trimmed, and the exterior in good repair. Use timers on interior lights to create the illusion of occupancy.
Dealing with Squatters: The Eviction Process in California
Despite your best efforts, you might still encounter squatters. If this happens, act quickly and follow legal procedures to remove them and protect your property rights.
- Serve a Notice to Vacate
Serve the squatter with a written notice to vacate. In California, you can serve a 3-day notice to quit, requiring the squatter to leave within three days or face legal action. - File an Unlawful Detainer Lawsuit
If the squatter doesn’t leave after the notice, file an unlawful detainer lawsuit with the court to seek removal of the squatter and restore your possession. - Attend the Court Hearing
Present evidence of your ownership and the squatter’s unlawful occupancy. If the court rules in your favor, the squatter will be ordered to vacate. - Enlist the Sheriff’s Department for Removal
If the squatter refuses to leave after a court order, enlist the local sheriff’s department to physically remove them. Do not attempt to remove the squatter yourself.
Protecting Your Rights as a California Property Owner
Understand your rights and responsibilities when dealing with squatters. Keep these key points in mind:
- Squatters have certain rights under California law but must meet specific criteria to claim adverse possession.
- Regular property inspections and preventive measures can deter squatters.
- If you discover a squatter, act quickly and follow legal procedures to remove them and protect your ownership rights.
- Familiarize yourself with California’s landlord-tenant laws and seek legal advice if needed.
The Bottom Line on Squatters in California
Dealing with squatters can be frustrating and time-consuming. By understanding squatter’s rights, taking proactive steps to secure your properties, and knowing how to navigate the eviction process, you can minimize the risk of squatters and protect your real estate investments. Regular monitoring, maintenance, and swift action are key to preventing and removing squatters from your California properties.
For complex situations, seek legal advice from the litigation team at Geraci LLP.
