If you own a rental property, you may encounter squatters from time to time. If someone enters your rental property and refuses to vacate the premises, they’re likely squatting. While this action is effectively illegal throughout the U.S., certain state and local laws can make it challenging to regain full control over your property. Squatters even have some rights that you must take into account.
Evicting a squatter from your property can be time-consuming and expensive. You may need to send a written notice, file an unlawful detainer lawsuit, and go before a judge to make your argument.
While the legal process can be complex, it’s essential that you understand what it entails. There are numerous steps you can take to maintain control over your property and protect your rights. In this guide, you’ll learn how to remove a squatter and what legal options are available to you.
What Is Squatting?
Squatting involves occupying an unoccupied or abandoned property without obtaining permission from the owner. A squatter usually moves into residential properties, which include vacant apartments, short-term vacation rentals, and homes. From homelessness to financial instability, there are many reasons why people pursue squatting. The action might also be the cause of a political protest.
To understand the difference between squatting and trespassing, you should know the four criteria that are used to define this action. Squatting is hostile, open and notorious, actual, and exclusive. For example, squatting can only occur if someone physically occupies the property. They must also live there exclusively for an extended period.
In comparison, trespassing takes place when someone enters a private property temporarily without having received permission. If the person remains on the property for a lengthy period, trespassing can become squatting.
Can You Legally Remove a Squatter?
The short answer is that you can effectively remove a squatter from your building no matter where you live. In California, however, you must follow the proper legal procedures to ensure you retain full ownership of your property. Check your local and state laws before you begin the process of removing a squatter.
Squatters’ Rights in California
In California, squatters have numerous rights and privileges that can make it challenging to remove them from the properties they reside in. For example, if an individual has lived in a property for over five years without causing any interruption, the laws in California state that they will become owners of the property unless the actual owner contests it in court. This type of legal action is referred to as an adverse possession claim.
Squatters have several additional rights that you should be aware of. For example, a lien could be placed on wages that are earned while they occupy the property. They can also be reimbursed for any improvements that they make to the property while they live there. Based on California law, squatters can’t be unreasonably evicted from the premises.
Signs of Squatting
To recognize if someone is squatting on your property, there are numerous signs that you should be on the lookout for. Identifying these signs early allows you to prevent unauthorized occupancy in the future. It’s highly recommended that you regularly check your properties. If you are currently transitioning between tenants or have vacant properties, you must look for signs that someone is living in a unit when they aren’t supposed to be.
Some common indicators of occupancy include garbage or furniture in the building. If you see that the lights are on, someone could be squatting there. You should also check for any changes to utility usage. If you begin to receive utility bills from a vacant property, squatters might have moved in.
It’s also a good idea to look for unauthorized copies of keys. If a squatter gains possession of your property, they might have changed the locks or copied your keys. Consider obtaining neighbor involvement as well. Ask your neighbors to alert you to signs of unusual activity on the premises when you aren’t there.
How to Legally Remove a Squatter in California
Even though squatters have some rights in California, you have several legal procedures at your disposal that can help you evict these people from your properties.
Step 1: Send a Written Notice to Vacate
Make sure you send a written notice to the squatter before you file a lawsuit. You can send this notice by drafting a document that details your ownership of the building. In this document, demand that the squatter get rid of their belongings and leave the premises by a specific date. You need to deliver the document through certified mail, which means that there will be a record of delivery.
Step 2: File an Unlawful Detainer Lawsuit
If you don’t receive a favorable response from the squatter once you send the notice, you’ll need to file an unlawful detainer lawsuit. In California, this type of lawsuit is necessary if you want to remove squatters from your building. There are four types of eviction forms that you must fill out to start this process.
Step 3: Serve the Squatter with Lawsuit
The squatter will need to be served with the lawsuit, which must be done through the proper channels. For example, you can provide the individual with a copy of your lawsuit by personally delivering it to them. You can also send it through certified mail or publish it in a recognized newspaper. Once you’ve completed this process, make sure you provide the court with proof that the necessary parties have been notified of the legal proceeding.
Step 4: Court Hearing for Judgment of Possession
After the squatter receives a copy of your unlawful detainer lawsuit, you must go to court to obtain a judgment for possession of your property. This step makes it easier for you to assert your rights as the true property owner. Keep in mind that any actions you take must match what was detailed in the lawsuit. The court’s decision will be fair for both parties. However, you have a higher chance of winning the case if you produce the necessary paperwork and evidence.
Step 5: Sheriff Enforces Eviction
Once you’ve obtained a judgment of possession, contact the local sheriff to request that they enforce the court order by getting rid of any squatters. This measure is necessary to protect your property ownership rights. After this action has been taken, you should regain full ownership of your property.
Squatter Removal Alternatives
If you’d prefer to avoid the lengthy and costly legal process, there are a couple of removal alternatives you should consider.
Negotiating with Squatters
First, consider paying the squatters to leave your property. If you speak to them directly, you might receive a favorable result. Depending on the condition of the unit that the squatter is staying in, it may be beneficial to offer a rental agreement. If the squatter takes care of the property, they might be willing to make a monthly payment as well.
Selling Your Property with Squatters in Place
You also have the option of selling your property quickly even if squatters still live there. If you wish to avoid the frustration that comes with an extended legal process, consider selling your property to cash home buyers. These companies pay cash for real estate regardless of the condition. You’ll be able to close fast, after which the company will handle the eviction process.
Preventing Squatting in the Future
When you own real estate, take steps to prevent squatting in the future. For example, you can install security cameras, which will deter some trespassers and notify you if anyone has entered your property. It’s also important that you keep the building well-maintained. If you neglect the property, squatters are more likely to move in. Regularly trim the bushes and mow the lawn.
Keep all entry points securely locked when you aren’t using them. You can install smart locks and deadbolts to provide an additional layer of protection. Trespassers and squatters may also be deterred by signage that tells them your property is protected by a security system. If you have trusted neighbors or family members in the area, ask them to periodically check on the property as well.
Does Landlord Insurance Help with Squatters?
When you invest in real estate, consider obtaining insurance coverage for squatting. Some insurance providers offer this type of policy, which covers lost rental income and legal expenses for removing squatters from your property. In many cases, this coverage is available as an add-on for an existing policy. It may require an extra premium.
Before you purchase this type of insurance, read the policy carefully to ensure it provides the level of protection you need. You must also identify any exclusions or restrictions related to claims about squatters. Some policies will require special eviction procedures for a claim to be valid.
Conclusion
Removing a squatter from your property can be challenging in California. However, you have access to a legal process that will allow you to evict this person if you can provide proof of ownership. You may also be able to negotiate with the squatter or provide them with a rental agreement. If you don’t want to handle this process on your own, consider selling your property altogether. Contact a lawyer or home buyer if you’re dealing with squatters.