Squatters present unique legal challenges for California property owners. Unlike traditional tenants, squatters occupy your property without permission—but California law still requires a formal eviction process to remove them.
What is a Squatter?
A squatter is someone who occupies property without the owner's permission and without any legal right to be there. This differs from a tenant who has (or had) a lease agreement but has stopped paying rent or violated their lease terms.
Squatter Rights in California
California law provides certain protections even to unauthorized occupants. You cannot simply change the locks or physically remove a squatter—doing so could expose you to liability for "self-help eviction," which is illegal in California.
The Legal Process to Remove Squatters
To legally remove a squatter in California, you must:
- Serve proper notice: Typically a 3-day notice to quit
- File an unlawful detainer lawsuit: If the squatter doesn't leave after the notice period
- Obtain a court judgment: The court must rule in your favor
- Request sheriff lockout: Only law enforcement can physically remove the occupant
Adverse Possession Claims
In rare cases, squatters may claim "adverse possession"—legal ownership of the property after occupying it openly and continuously for five years while paying property taxes. This is uncommon but something property owners should be aware of.
How to Prevent Squatters
- Regularly inspect vacant properties
- Secure all entry points
- Maintain utilities or install monitoring systems
- Post "No Trespassing" signs
- Build relationships with neighbors who can alert you to unauthorized occupants
Act Quickly
The longer a squatter remains on your property, the more complicated removal can become. If you discover unauthorized occupants, contact an eviction attorney immediately to begin the legal removal process.
Call 714-832-3651 to discuss your squatter situation with an experienced eviction attorney.