How to Get Rid of Squatters In California

How Do Squatters Gain Access to Your Property?

There are several different reasons why your property may be occupied by squatters..

Rental Scam

Believe it or not, many individuals are unaware they’re squatting until the rightful property owner arrives. Typically, they fall prey to rental scams.

Here’s how a rental scam operates: an individual poses as a landlord, leasing a vacant property. They provide a bogus lease agreement, collect deposits and rent payments, then vanish.

The deceived “tenants” believe they’re legally residing in the property, unaware they’re actually squatters with no valid rental agreement protecting them.

Vacant Property
When a property becomes empty or unused, a squatter takes over, believing they won’t be discovered.
Unlike victims of rental scams, these experienced squatters know exactly what they’re doing. They might have strategized their takeover to avoid detection by authorities who might not realize the property’s true ownership.
Squatting on empty properties often occurs when the owner lives out of town, or the property is inherited by someone uninterested. In either case, with no one actively overseeing the property, it becomes a prime target for squatters.

Illegal Roommate
When your tenant lets in someone who isn’t in the rental agreement and goes against the rule to live in the property exclusively, this may pose a great problem when you ask the tenant to move out. That individual may refuse to leave and take over your property.

Holdover Tenant
There are tenants who refuse to leave the property after a lease agreement expires or when they are evicted. When they stay despite the owner’s wishes, they are considered squatters in the legal sense.

Squatting vs. Trespassing

Squatting and trespassing are two different things, although the latter can lead to the former. 

When someone trespasses, they don’t usually stay long on the property. These intruders often seek items to pilfer, areas to deface, etc. They have no intention of remaining but are engaging in unlawful activity.

On the other hand, a squatter enters a property with the aim of securing housing. They remain there until the rightful owner takes notice.

Both transgressions can be addressed by the local police department or sheriff. However, it is suggested to file a lawsuit in order to get rid of professional squatters because it is a civil matter.

Squatter’s Rights You Should Know as a Property Owner

Even though squatters may be breaking the law, they can stay in a property if the legal owner doesn’t assert ownership and remove them through legal means.
Several states recognize “adverse possession” for squatters who have unlawfully lived in a property for a certain time period, provided they have exclusive possession.
An adverse possession claim prevents the landlord or property owner from evicting a squatter once they discover the occupation. Legal action must be taken to address the squatter.
The specifics of squatters’ rights, adverse possession, and property ownership vary by state, so it’s important to consult local government regulations.

Why You Should Evict or Remove Squatters Immediately

While numerous property owners promptly remove squatters upon discovery, some hesitate due to concerns over confrontational occupants. This hesitation, while understandable, carries repercussions.

Initially, lengthy occupancy by squatters may result in adverse possession claims. As previously discussed, adverse possession grants legal ownership rights to the squatter.

Furthermore, delaying the eviction process can escalate both its duration and cost. This scenario often arises when professional squatters initiate legal proceedings.

Additionally, squatters are notorious for causing property damage. Prolonged occupation increases the likelihood of significant damage, potentially rendering the property uninhabitable upon eviction and leading to financial strain.

Squatter Eviction Process

The American Apartment Owners Association detailed four essential stages for removing squatters from a property. They emphasized the importance of property owners staying informed about local laws governing squatters, as this knowledge is vital for protecting property rights.

However, it’s required to note that these four steps are merely a broad overview and should not be relied upon exclusively by landlords or property owners facing squatter issues.

Notify the Authorities

The first step in removing squatters is to call the police. This serves two purposes. One is to protect you when you need to talk to the squatter physically, and the second is for documentation. 
When you notify the police regarding the presence of a squatters in your investment property, they will file an official police report that can be useful to you when pursuing an eviction through court.
Evidence and documentation (such as the official police report) proving your efforts in evicting the squatters can strengthen your case.

File an Unlawful Detainer Lawsuit and Serve an Eviction Notice

Once you inform the relevant authorities, initiate an eviction by filing a lawsuit for unlawful detainer.
Keep in mind that the procedure for filing such a lawsuit may differ depending on your area. Therefore, it’s advisable to reach out to your local courthouse or seek guidance from a real estate lawyer who specializes in residential evictions. This will help you avoid any actions that may infringe upon squatters’ rights.

File an Eviction Lawsuit or Civil Suit

In case the squatter refuses to vacate your property, you should then file an eviction lawsuit. Once filed, a litigation will occur where you and the squatter should attend. 
Often, the actual property owner wins the case, and the judge orders the local law enforcement to escort or forcibly remove the squatter from your property. You’ll then be allowed to change all the locks of your house.

Remove Squatter’s Personal Possessions

If the squatter refuses to vacate your premises and law enforcement removes them by force, their possessions may be abandoned on your land.
Regrettably, you cannot simply dispose of their belongings as they retain legal entitlements.
To prevent this troublesome situation, incorporate it into your eviction procedure beforehand.
Draft a written notice specifying when the occupant can retrieve their belongings from your property and the course of action if they neglect to do so. Present this in court to safeguard yourself if the situation escalates.

What to Avoid When Evicting Squatters

Our anger and frustration often get the better of us. To avoid this when evicting squatters, take note of the following:

• Don’t try to evict the squatters on your own. This may violate their legal rights (especially if they are awarded adverse possession) and you’ll be at risk of jail time or large fines. Moreover, if you visit and evict a squatter alone, it can lead to disaster, especially if they are violent.
• Don’t change the locks, put large padlocks on the doors of your property, or do anything that will make the house uninhabitable for the squatters. Again, you could be violating their rights.
• Don’t intimidate or threaten the squatter verbally or physically, as this may lead to violence and other issues.

The best way to evict the squatters from your property is through court. Sure it is more expensive and stressful, but it is better than handling everything independently with all the nuances of squatter’s rights.

Can You Sell Your House with Squatters in it?

Absolutely. It’s possible to sell a property with squatters in it; however, don’t expect traditional buyers to express interest or offer a substantial sum considering the added complications you’re transferring to them. Usually, properties housing unauthorized occupants are acquired in their existing condition by cash purchasers.

Though advisable to evict squatters before selling your property, there are instances where persistent occupants resist vacating despite legal measures taken. In such scenarios, your sole recourse is to sell to a cash buyer and delegate the resolution of the occupancy issue to them.

The process of selling to a cash buyer is pretty simple, but it’s imperative to ensure that the unauthorized occupants don’t acquire adverse possession rights, as this could lead to significant complications.

You can reach out to a cash buyer to check the eligibility of your property for purchase. If it is, you can proceed to request a cash offer and get rid of squatters all at once. Expect the cash buyer to conduct a property inspection to ascertain its condition and formulate an appropriate offer.

Naturally, this procedure may vary among cash buyers, especially when dealing with properties housing squatters. Certain cash purchasers may prefer acquiring properties in their existing condition, provided the unauthorized occupants are removed, and the property title is free from encumbrances.

Final Thoughts: How to Get Rid of Squatters in California

The process to remove squatters from your property may take a while and cause significant stress, but it’s crucial not to postpone it if you don’t want them to gain legal ownership rights.
Upon finding squatters residing in your property, promptly inform the appropriate authorities and serve them with a formal eviction notice. If they refuse to vacate, you must initiate legal proceedings for eviction.
Alternatively, you have the option to sell your property even with squatters in residence. This is often the quickest and simplest solution to eliminate squatters. Many investors who pay in cash are still interested in buying properties with unwanted occupants.
If you’re ready to sell your house with squatters, reach out to us at JiT Home Buyers. We’ll take the baggage of dealing with squatters off your shoulder and pay you with cash fast. 
Fill out our form below or contact us at (510) 473-5885 to start selling your home and get rid of squatters in California.

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