We are all familiar with that one relative who wouldn’t leave for weeks after a family gathering. Staying with them makes it uncomfortable to some extent, and you don’t know how to tell them to leave.
This is the case if someone decides your property is theirs. This situation is unlike your cousin’s, and the person is here to claim your property and make it theirs.
A squatter is someone who unlawfully occupies a vacant building or unutilized land. This is done without discussing it with the actual owner of the property.
Each state across the US, has different laws when it comes to squatters, continue reading this article to understand Squatter Rights in California.
Could you be a squatter? Anyone trespassing could be considered a squatter. You are a squatter if:
But worry no more. Squatter Rights in California legally allow a squatter to gain ownership of their property through a legal process.
Strap in as we walk you through the legal process and requirements.
California does not legally protect squatters from the police but does protect them as tenants. If a squatter proves that they own the property, then you will not be allowed to evict them.
Take note:
Of course, there are rules for this advantageous law.
The law protects the squatter from forceful eviction by the owner of the property. It gives the uninvited guest a chance to justify their claim.
It is important as a land or property owner to understand squatter rights and avoid being a victim.
California is one of the hardest states to acquire a house in. This forces people to use loopholes to acquire property.
Squatting is, therefore, common practice, and they may even establish a stronger claim than the owner.
A squatter can claim your property legally through adverse possession. This is an exception for holdover tenants.
Holdover tenants are tenants living past the lease. They have the option of continuing to pay the agreed rent or facing eviction by the owner. They are required to leave if the owner gives them an eviction notice and they are not legally legible for an adverse possession claim. They are tenants at will if they continue paying rent.
Californian law requires the person to have been on the property for at least 5 years before making an adverse possession claim. This is music to the ears, as other states might require a 30-year minimum stay! After this, it nullifies their being trespassers.
However, there are legal requirements that have to be met before claiming adverse possession. Otherwise, someone would just say they had been waiting five years. Possession could be:
The government prefers occupied property to avoid waste. This ensures home maintenance and tax payments.
This doesn’t necessarily mean violent or rough possession of the property. A court defines hostile possession as the owner’s understanding that they are aware or unaware that someone owns the property.
This applies when someone moves into a property and maintains it. Maintenance could be in the form of landscaping, house renovation, or tax payment.
They are physically present and treat the place as their own. They can justify actual possession by providing documentation proving their efforts at property maintenance.
This is a step ahead of the actual owner, who would infrequently stop by or use it for other purposes.
The squatter must have stayed at the property for a period of 5 years. If they were a tenant at the time, they are entitled to adverse possession five years after the tenancy ended.
They can't leave the property for a while and then return to claim it. This also calls for proof of residence for the period they were there.
Their stay is required to be singular, allowing no sharing of the property with other residents.
The squatter makes it obvious to the neighbors and maybe even the owner that they occupy the property.
The owner might even be open to an investigation as the residents make it their land.
The state of California requires squatters and residents to pay taxes, fees, and bills to maintain the property. To gain ownership of any property and be eligible for an adverse possession claim, they have to do all these things.
You visit your vacation getaway home in California and find that someone has moved in. As much as you would like to throw out the occupant, there is a legal process under squatter rights.
If you are a landlord, it is important for you to understand the legal rights of a squatter and the legal way to go about them.
Californian law favors the owners of properties as long as they are taking care of the property and paying the necessary taxes and fees.
There are two courses of action:
Finding out why the resident is on your property in the first place could easily solve the tight situation.
This is a risky step if the occupants are hostile and violent, but it is more to the good side. It is important to have a witness as you approach because a false statement might be used against you.
When handling the situation, do not use force on the residents or cut off their utilities. This is to avoid further legal implications.
The invaders could be there for explainable reasons.
If you have a bad feeling about the residents or are infuriated by their sudden occupation, you could take legal action.
Call the police for an investigation into trespassing. If the squatter takes the path to legal action, this will be used in court as evidence that you took legal action. The court will send the police over to evict them if they are wrongfully residing on your property.
If the squatter makes it difficult to move out, give them a formal eviction notice. This proves that you took a step towards a non-violent approach to the matter.
If the eviction notice falls on deaf ears, you can file an unlawful detainer suit. Sometimes, when you present the right documentation, they are immediately and lawfully evicted.
You will need a lawyer in case a non-profit organization is behind settling the squatters, which is sometimes the case. It is also necessary in case the squatter has filed an adverse possession claim on your property.
If they do not show up for the court proceedings, you are legally given ownership and the occupants get evicted.
If they show up for the court session, a hearing would be scheduled within 20 days. You will get your property back if you have the right documentation or if the squatter doesn’t provide enough documentation.
You have won the case. Do not forcefully move back into your place, but take the jurisdiction to your sheriff. A 5-day notice will be put in place, after which the squatter will be forcefully removed.
During the whole waiting period, do not go back to your property or move anything. This is to avoid a suit from the occupant saying you damaged or stole items of theirs.
To avoid having to take legal action against a squatter or the squatter taking action against you, it is important to avoid the situation in the first place.
Carefully inspect your property for a break-in or signs that you are sharing the property with someone else.
You could also ask a neighbor to watch your house for you when you are not around.
Most places inhabited by squatters are abandoned houses with little or no security. Secure your property and lock it to show a sense of ownership.
If you are not going to be a frequent visitor to your property, put up a sign to warn against trespassing.
Offer to rent the property to any present squatters or to the general public to utilize it.
If you live far away, you could enlist your property with a property management company. They would do routine checks on the property. They would also take legal action against any squatter, making your life simpler.
This is in case you need to take legal action against someone who would occupy your property.
While you may assume that a squatter is a homeless individual, this is not always the case. Estate disputes and holdover tenants from previous properties might invade your property.
Most of the time, they are fully aware of their actions and have an end goal. It is therefore advisable to have a strong legal presence in the form of a hired lawyer.
Visit the California Legislative Information website for more information on legal squatter rights.
Note:
The “color of title”
This is the case where someone has acquired property without one or more pieces of the necessary documentation.
This forces a belief that they actually own the property. Sometimes, fraudsters can sell off your land to someone else.
The state of California does not honor the color of title claims unless they apply to the situation.
Disability
If the owner is disabled in terms of age, health, or is locked up, there is a law that allows them to acquire it back.
They have a longer period of 20 years to reclaim their property and prevent an adverse possession claim. This means that the squatter's waiting period has been increased from 5 to 20 years.
Taxes and bills
Even if you are not present at the property, you must always pay your taxes and bills. This is to provide documentation that you have been maintaining the property.
If you find out that a squatter has been doing the same, do not stop paying your taxes all the same.
You've probably seen a disproportionate number of signs and advertisements touting the interest of investors in purchasing houses quickly and at attractive prices. The question is whether selling your home will allow you to obtain the best possible price for it. As high prices are involved in selling a house, it is a highly sensitive […]
It's everyone's dream to have that one house showcased on TV or on billboards that has everything, including a majestic garden. Everyone is trying to buy the best house in the market and switching up their living. So, that brings the question, who would buy ugly houses? And why are they all over adverts and […]
A squatter is someone who lives on a property without the permission of the owner. In some cases, the squatter can claim ownership of the property. To put this into perspective, picture this: the one relative that has always overstayed sleepovers actually claims your house and makes it theirs, for good. Legally, however, this is […]
So you've discovered that you have a squatting problem and are seeking a solution to the problem. If you want an answer to your question, How to Get Squatters Out of Your House then continue reading this article to get a better insight. What is the best way to get rid of a squatter? There's […]
