What Is Unapproved Tenant Occupancy?
Unapproved tenant occupancy occurs when someone lives in your rental property without being on the lease or having your written permission. This includes unauthorized roommates, subletting without consent, guests who overstay, and squatters. In California, this creates legal liability, insurance gaps, and potential property damage.
Key Takeaway
Warning Signs of Unauthorized Occupants
Detecting unauthorized occupancy early can save months of legal hassle. Watch for these common indicators:
What if I'm not sure they're unauthorized vs. frequent guests?
California law typically considers someone a tenant after 14-30 days of continuous presence, depending on local ordinances. Document what you observe, then have a direct conversation with your tenant to clarify the situation.
Why Unauthorized Occupancy Matters
Insurance Warning
Most landlord insurance policies exclude coverage for incidents involving unauthorized occupants. If an unscreened person is injured on your property or causes damage, you may have no coverage—and full liability.
Legal Steps to Remove Unauthorized Occupants
California Unauthorized Occupant Removal Process
Step 1: Document the Occupancy
Photos, utility records, neighbor statements, mail evidence. Build your case before taking action.
Step 2: Review Your Lease
Confirm unauthorized occupancy violates lease terms. Most leases limit occupants to named individuals.
Step 3: Serve Cure or Quit Notice
Give tenant 3 days to remove unauthorized occupant or face eviction. Use proper legal form.
Step 4: File Unlawful Detainer
If not cured, file eviction lawsuit. Name both tenant and unauthorized occupant.
Step 5: Court Hearing
Present evidence. If you win, get judgment for possession.
Step 6: Sheriff Lockout
Sheriff posts 5-day notice, then removes occupants. Never self-help evict.
Pro Tip
Always name the unauthorized occupant in your eviction filing, even if you don't know their full legal name. Use 'John Doe' or 'Jane Doe' to ensure they're bound by any judgment.
Can I evict immediately for unauthorized occupancy?
No. California requires proper notice (typically 3-day Cure or Quit) before filing eviction. Skipping this step will get your case dismissed. The full process takes 4-8 weeks minimum.
Special California Considerations
Fair Housing Reminder
You cannot discriminate against families with children. Occupancy limits must be based on reasonable standards (typically 2 people per bedroom) and cannot be used to exclude families.
Prevention: Stopping Unauthorized Occupancy Before It Starts
What if I want to keep the occupant but make them official?
If the occupant passes screening and you're agreeable, have them sign a lease addendum adding them as an authorized tenant. This protects you legally and ensures proper documentation.
When Selling Is Easier Than Evicting
Fighting unauthorized occupancy through the courts can take months and cost thousands. For landlords who are tired of the hassle, selling to a cash buyer offers an immediate exit—no eviction required.
Do I need to evict before you buy?
No. We purchase properties with unauthorized occupants in place. After closing, tenant issues become our responsibility—not yours.
Will unauthorized occupancy lower my sale price?
Traditional buyers often discount heavily or walk away from tenant issues. Cash buyers like us specialize in these situations and offer fair prices based on the property's value, not its complications.
Frequently Asked Questions
What if my tenant claims they have a valid sublease?
Subleases require your written approval. If you never provided it, the sublease is invalid. Serve a Cure or Quit notice and proceed with eviction if necessary.
How long before a guest becomes a tenant in California?
There's no single statewide standard, but most courts consider someone a tenant after 14-30 days of continuous presence. Check your local ordinances for specific thresholds.
Can I change the locks if they won't leave?
Absolutely not. Self-help evictions (lockouts, utility shutoffs) are illegal in California. You must go through the court process. Violations can result in penalties of $100+ per day.
What about their belongings if they abandon the property?
California requires you to store abandoned property for 15-18 days (depending on value) and provide written notice before disposal. Follow the law exactly to avoid liability.
Does it matter if my property is Section 8 or subsidized?
Yes. Subsidized housing has additional rules about occupancy and eviction. Unauthorized occupants may jeopardize the tenant's housing assistance and your participation in the program.
Ready to Resolve Your Occupancy Issues?
Whether you choose to pursue eviction or prefer to sell and walk away, Fast Home Buyer California is here to help. We purchase rental properties with unauthorized occupants, problem tenants, and any condition—closing in as little as 7 days.
Get Your Cash Offer
Call (916) 507-2502 or fill out our form for a no-obligation cash offer within 24 hours. No eviction, no repairs, no commissions—just a fast, fair sale.
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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