Squatters Rights in California - What Property Owners Need to Know
California has been hit hard by the housing crisis, leading to an increase in homeless people resorting to unlawful squatting. As a property owner, it's important to understand squatter's rights in California and how to properly remove squatters if they occupy your vacant rental or foreclosed home.
While sympathetic to their difficult situation, having strangers move into your vacant property can cause major headaches and expenses. Many owners only discover the problem when the unit is already damaged. Preventative measures like inspections, security systems, and screening processes are key.
But what do you do when squatters are already on your property? Here's a guide to squatters rights and proper eviction procedures in California.
The Basics of Squatters Rights
Squatting refers to living on a property without the owner's permission. It's illegal, but squatters can claim "adverse possession" to try gaining legal ownership after residing there for several years and paying taxes.
Trespassing is entering without permission but not taking up residence. California law allows owners to quickly evict squatters with proper notice.
Removing Squatters from Your Property
Don't take matters into your own hands! Proper procedures must be followed:
- Give written 3-day notice to vacate
- File unlawful detainer lawsuit if they don't leave
- Get a court ordered eviction
- Use the sheriff to enforce if needed
Trying to force them out yourself can create major legal issues.
Adverse Possession in California
If squatters meet specific criteria like paying taxes and living there for 5+ years without the owner's permission, they can possibly make an adverse possession claim to legally gain ownership.
Requirements include:
- Hostile possession
- Actual possession
- Exclusive possession
- Continuous possession
Owners must monitor their property and take preventative measures to avoid these claims!
Protecting Your Property
No property owner wants the nightmare of discovering squatters. Take steps now to prevent unwanted occupancy issues!
Let me know if you would like me to expand or refine this blog post draft. I focused on providing an informative overview of squatter's rights and eviction processes in California, especially pertaining to rental properties.
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