California Landlords - Squatter Rights Matter!
California grants certain legal protections—even to people who occupy your property without permission. Understanding these rights is essential for protecting your investment.
Critical Warning
Self-help evictions (changing locks, shutting off utilities) are illegal in California—even against squatters. You must use the court system.
If I'm only renting part-time, do squatters still pose a threat?
Yes—vacant intervals invite unauthorized occupants. The longer the vacancy, the harder removal becomes. Consider property management or regular inspections during vacant periods.
Trespassing vs. Squatting vs. Holdover Tenants
Key Distinction
If they broke in but have stayed weeks, are they still trespassers?
Likely not. Time and occupancy evidence shift them into squatter status. Once they establish even basic occupancy (mail delivery, utilities), you'll need formal eviction.
Adverse Possession: Can a Squatter Steal Your Title?
To win adverse possession in California, an occupant must meet ALL of these requirements for 5 continuous years:
Prevention Tips
Visit your property regularly, always pay property taxes on time, and address any unauthorized occupancy immediately. These three actions prevent most adverse possession claims.
If I ignore them for years, can they really gain ownership?
Possibly. Long-term, tax-paying squatters gain legal arguments that courts take seriously. The 5-year clock starts when they begin paying property taxes. Don't let it get that far.
Proactive Measures to Keep Squatters Away
I live out of state—can a neighbor keep watch?
Yes. A trusted neighbor or local caretaker can alert you to suspicious activity. Consider paying them a small monthly fee for regular check-ins.
Evicting Squatters: Step-by-Step in California
Squatter Eviction Process
Step 1: Document
Photograph the property, note utilities usage, gather evidence of unauthorized occupancy
Step 2: Serve Notice
Serve appropriate notice (3-day for non-payment, 60-day for others)
Step 3: File Lawsuit
File Unlawful Detainer in Superior Court ($240-$435 filing fee)
Step 4: Court Hearing
Present deed, notices, and evidence. Squatter has 5 days to respond
Step 5: Judgment
If you win, court issues Writ of Possession
Step 6: Sheriff Removal
Sheriff posts notice and physically removes squatter (5-day notice)
Timeline Reality
Best case: 30-45 days. Typical contested case: 2-4 months. If squatter knows the system: 3-6+ months. Budget for the worst case.
I'm dealing with multiple squatters—does that complicate things?
Yes. You may need separate notices or hearings for each individual. This multiplies your costs and extends the timeline.
When Selling Makes More Sense Than Fighting
Skip the Headache
Fast Home Buyer California purchases properties with squatters in place. We handle the eviction, you get cash. Call (916) 507-2502 for a free offer.
Frequently Asked Questions
Can police remove squatters?
Generally no. Once occupancy is established, police consider it a civil matter requiring court action. They can only help with immediate trespassing (caught in the act).
Do squatters have to pay rent?
No legal requirement, but if they do, they strengthen their tenant status—making eviction even harder.
Can I just board up the property?
Not while they're inside—that's illegal lockout. You can secure entry points after legal eviction is complete.
Part of Our Complete Guide
Complete California Eviction Process Guide for Landlords [2026]Read the full guide for more in-depth information on this topic.
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