Squatters are people occupying property without the consent of the party owning or leasing it. There have been squatters for as long as people have owned property, but there are modern twists to this age-old practice. Squatters have limited rights. Depending on how persistent or violent they may be, this may become a substantial problem.
California residential real estate is relatively scarce and expensive. We have a massive problem with homeless residents who may be desperate enough to squat on property hoping for short or long-term relief. They also may be criminals looking for a place to live and a location to deal drugs, break up stolen cars, and run prostitution rings.
If one of multiple units is involved, this could cause severe problems for your tenants. If the situation is bad enough and you’ve lost control of your property, it may be justification for them to break their lease. This would cut your revenue and potentially open up space for more squatters.
Do Squatters Have a Right to Possess My Property? Probably Not
Squatters’ rights are considered adverse possession, but this approach has severe limits. They may have a right to stay if the situation involves:
- Open and notorious occupation: The squatters’ presence must be visible and apparent to anyone who visits or passes by the property.
- Hostile and adverse possession: They must occupy the property without your permission with the intent to claim ownership or other property rights. This doesn’t require the squatter to be aggressive or hostile but occupying the property without your consent or acknowledgment
- Continuous and uninterrupted possession: The squatters must occupy your property continuously and uninterrupted for at least five years without any significant gaps or interruptions
- Paying property taxes: The squatter must pay property taxes during the five years of possession as if they are the owner
If you’re proactive and paying attention to your property, squatters might be there for weeks, not years. If they’re there continuously and not making a secret of it, you should discover the problem. Preventing them from creating a legal right to stay is just part of the solution. The other part is removing them.
How Can I Prevent Squatters?
There are no guarantees, but you can take steps to at least discourage, if not prevent, squatters from taking possession. They include:
- Post “No Trespassing” signs: This shows you don’t consent to a home’s occupation and your intent to exclude trespassers
- Notifying law enforcement: If a squatter causes damage, threatens violence, or engages in criminal activities, you may call law enforcement to report the situation and seek help to remove them
- Regular inspection and maintenance: Regularly visit and maintain the property. This shows you’re actively using and monitoring it, which should help you refute a squatter’s adverse possession claim
- Offer a license or lease: Depending on your circumstances, you could offer the squatters a lease that establishes your ownership. Instead of the costs and hassle of evicting them, you could offer them money to go elsewhere and never come back
Depending on how motivated the squatter is, if this doesn’t prevent them from taking over a property, you’re building a clear case they have no right to be there and should be evicted.
How Do I Remove Squatters From My Building?
If the squatter doesn’t leave on their own, the police aren’t involved, or you can’t talk them into going, you can reclaim possession through eviction. This is how it works:
- We give the squatter an eviction notice
- If they don’t move, we can serve them with an unlawful detainer
- The squatter can try to challenge the eviction in court
- Court makes its decision
- If we succeed, the sheriff posts the final eviction notice and evicts the squatters at the end of the notice period
The process is very technical and may be time-consuming. Hiring our office to do the work can prevent mistakes, so the process goes smoother and faster.
We’re Here to Help
If you’re a residential landlord with questions about squatters, how to prevent them from taking possession, removing them after they moved in, or you need legal representation, call Anthony Burton at (949) 244-4207 or complete our online contact form today.
