Squatters in California: Rights, Evictions, and Solutions

Imagine walking up to an inherited property for the first time or visiting a vacant house you plan to renovate and finding strangers lounging about inside. You don’t know these people, and yet they’ve moved into your place as if it were their own. These individuals are called squatters, and they bring about frustration, expenses, and (many) other woes.

At My Home Sold, we have met countless people in SoCal stuck with once-valuable homes that turned into legal headaches. If you’re in squatting limbo, believe us when we say you are not powerless. Below, we’ll tell you how you can regain control of your properties.

What Is Squatting?

Squatting, in summary, is when someone lives in a property without the owner’s permission. These people do not lease, rent, or buy — they simply move in, completely unauthorized.

These people do not always care about a house’s condition. Whether it has a leaky roof, broken windows, or peeling paint, they will make a place their home. It may not even matter if there is no running water. As long as they have a place to stay, they will enter and occupy.

In some cases, these folks change the locks or try to claim residency, especially when there is no sign of real ownership — a real estate mess waiting to happen.

Why Do People Squat?

They all have different reasons for their actions, but most of the time, they believe they do not have any other option.

In California — and all over the country, for that matter — housing costs are too high and competition is too fierce for some. In fact, a report by the National Low Income Housing Coalition showed that even a full-time employee on minimum wage cannot afford a modest one-bedroom rental in over 92% of counties. Not everyone qualifies for traditional rentals or mortgages, and squatting becomes the only way for some to have a roof over their heads.

Somehow, squatting is also a protest. Those who feel excluded from the real estate system fight unfair housing policies and inequalities by doing what they are told not to do. To them, occupying condemned houses or unused properties is a form of social justice.

Can You Evict Them?

Yes, you can evict squatters. Regardless of where these individuals set up camp or why they are there, you are the owner. However, remember that, like you, they are human beings — they are wrong for trespassing and using houses that are not theirs, but they may be struggling financially, emotionally, or otherwise.

A National Rental Home Council (NRHC) survey found that cities in Georgia, Florida, and Texas report more than most metro areas across the U.S.. Until they are out, all the real estate plans of affected owners are on hold.

Do you want to build an abode on your empty lot? What about turning properties into rental units for passive income? Maybe you wish to sell homes to cover medical bills and legal issues, or simply free up some cash? With this issue, you cannot move forward with anything. And while you absolutely have the right to evict them, the process must follow the law.

What Are their CA Rights?

As mentioned above, these are human beings, so they also have rights. In CA they have some of the strongest legal protections, which means you might need to fight for what is yours.

For instance, if someone has been living in your dwelling openly and continuously for at least five years and you have not done anything to remove them, they may claim ownership through something called adverse possession. This is rare, but not impossible.

Moreover, the law says that if a squatter acts like the owner and pays property taxes for a specific period, they can become the new owner, unless you step in and contest it.

What other rights do these folks have that may surprise you? Here are three more:

1. Unreasonable or Forceful Eviction: You cannot kick them out without due process.
2. Reimbursements: If the unwanted residents have improved the place, such as installing a new roof or upgrading utilities, they might be eligible for reimbursement.
3. Lien on Wages: In some cases, there may be a lien tied to wages earned while occupying the house.

The law does not state that they can do whatever they want, however. There are still boundaries, especially in the destruction of property, criminal behaviors, or aggressive and harmful trespassing.

Ultimately, it is crucial to understand what you are up against before you call for a legal battle. With “peaceful” squatting, winning might take longer than you think.

How To Evict Squatters

Again, you are not powerless. There are several ways owners of houses with squatters can take back control, with some more straightforward than others. Go for what makes most sense regarding your situation.

Pay Them Off

Why would you pay someone who is illegally living in your home? Well, it could speed up the process and save you from legal battles. For example, if the squatter has not caused any disturbance but refuses to leave, offering them a few hundred dollars could make them move out voluntarily. Of course, this isn’t ideal, but it is often faster and cheaper than going through court.

Rent Out Your Property

Respectful squatters are usually open to discussion. So, if possible, create a lease agreement and turn them into paying tenants. This solution may work for owners who are not ready to sell or have no immediate real estate plans. Consider it an opportunity to generate passive income!

Follow Legal Procedures

Should paying or renting fail, or if the squatter refuses to cooperate, consider going down the legal route. We will break down the steps in a later section.

Sell to a Cash Buyer

Another solution is to sell the house as-is to cash buyers. These individuals or companies purchase properties without requiring repairs, cleanups, or even getting rid of squatters. At My Home Sold, we have dealt with unwanted occupants countless times without harming anyone. For you, our process means moving on and getting money out of your assets quickly.

Is It Possible To Sell Even With Them?

It sounds too good to be true, but yes, selling homes with squatters is an option. The catch? You must go about it without a realtor.

Hiring a real estate agent to arrange inspections, complete upgrades, wait for a buyer, and host showings is impractical when squatters are involved. Unless you’re able to remove them early on or have tons of time, money, and patience to obey the law, listing on the open market will not work with squatters.

Cash buyers like My Home Sold are not traditional, and our no-hassle alternative is buying homes in Southern California in any condition, for any reason, and with any complication. Besides not requiring you to take care of the squatting dilemma, we also do not ask you to pay commissions, closing costs, or any surprise fees. You only need to do the following easy steps:

1. Step 1: Get in Touch With Us. Call My Home Sold at (949) 776-5195 or reach out online to share details about your property with our team.
2. Step 2: Receive an Offer. Considering the squatting challenges and other factors, our real estate experts will craft the highest possible cash offer.
3. Step 3: Cash Out. Set the closing date, and we will handle the rest. Once we close, you get your cash. You are free!

Even with squatters in the picture, the opportunities are still endless.

What Are the Steps to Properly Get Rid of The Problem?

If selling is not part of the plan or you are skeptical about taking shortcuts, here are the steps to remove squatters properly, according to California law.

Step 1: Send a Written Notice

Start by letting the squatters know it is time to leave. Write a notice clearly stating your ownership and formally asking them to vacate by a specific date. Then, send it via certified mail for proof of delivery.

Keep in mind that squatters may get defensive or anxious, so be ready for their reaction. Maybe they have already been illegal occupants for a while, or they do not have another place to move to. Try to stay professional and avoid personal confrontations.

Step 2: File an Unlawful Detainer Lawsuit

Should the squatters remain firm after receiving the notice, file an unlawful detainer or eviction lawsuit. As much as possible, you do not want to do this step, but sometimes, it is your only choice.

Each county has different procedures; it is best to check with your local court or speak to an attorney. The more you understand, the better your chances of a successful outcome.

Step 3: Provide a Copy of the Lawsuit

Once you file your lawsuit, notify the squatters. Serve them a copy through personal delivery, certified mail, or publishing in a newspaper. However, you do it, document everything to prove your service to the court. Be on top of your paperwork, as missteps or mistakes can cause delays.

Step 4: Acquire a Judgment

At your court date, present your case to a judge. Make sure all your documents match what you submitted in your lawsuit. Bring proof of ownership, payment history, property records, or photos. Then, ask for a judgment of possession, which is the legal ruling that officially says the house is yours and the squatter has no right to be there.

Step 5: Evict With the Local Sheriff

The last step is usually emotional, especially if you have done everything you can amicably. With the judgment in hand, work with the local sheriff to enforce it. Head to your property and let them legally and safely remove the squatters.

You respected their rights while fighting for yours. Now, make the most of your place.

How Can My Home Sold Help?

My Home Sold is here for those who want to sell houses fast with hiccups, including squatters. We help you skip the conflicts and courts in Southern California by being a sure buyer.

Selling to us is not breaking the law, but choosing to release yourself from the stress, the delays, and the constant uncertainty that squatters bring. Hand them over to us! Our solution is free, instant, and no-obligation.

Find out how much your property is worth despite the squatters and then some. Request a free, instant cash offer today and partner with My Home Sold on your real estate journey.