Homeowners looking to sell their property fast often come to us here at Osborne Homes. We are California’s favorite “We buy houses California” home buyer company! We buy houses all over California, for all cash, and we close FAST.
Many of the homeowners that come to us actually have big problems on their hands and have heard we could help – and we can and absolutely will. Some of these homeowners aren’t sure what to do about their bad tenants. Others have an even more awkward situation – squatters. Squatters are individuals living on your property without your permission, and often refusing to leave. Squatting is a growing problem nationwide, not just limited to California, and an issue that brings with it various legal considerations for home sellers.
In this blog post, we will explore more about what a squatter is and go over everything you need to know about how to get rid of squatters in California. And since you found this article, you are likely looking to sell your property, so we will also reveal how Osborne Homes – the number one California cash home buyer – can INSTANTLY make the squatter problem disappear for you. You should be feeling relieved already, hearing that, especially when you find out that we cover all areas of California, including yours! Read on for all the info.
What is squatting and why do people do it?
Squatting is the act of occupying an abandoned or unused property without gaining formal permission from the owner. There are numerous reasons why people might choose to squat on a property. Some view it as a symptom of their exclusion from or difficulty entering into traditional housing markets and other property ownership structures due to personal financial limitations. Squatting on the property may also be viewed as a way to push back against perceived injustice in terms of how land and resources are allotted and/or wielded in certain communities. Some individuals may even take refuge in squatting as a form of rebellion against oppressive local governments and systems instituted by colonial powers that they perceive as lacking justice and fairness. Ultimately, the motivations behind squatting vary greatly from person to person; however, it is usually a response to systemic economic disparity, political inequality and lack of access to traditional housing options for most. Regardless of their personal reasons, you will want to arm yourself with the knowledge and understanding of the legalities around removing squatters in California.
California Squatter Rights
Squatters in California possess a range of rights and privileges that are far broader than those in many other states. Most notably, for individuals that have occupied a property for more than five years without any interruption, California law states they will become the rightful owners of that property unless the true owner has taken legal action to contest it within a certain time period. This is known as an adverse possession claim.
Other rights held by squatters in California include a lien on wages earned during their occupation of a property, protections against unreasonable eviction from the property and the opportunity to be reimbursed for improvements made to the residence by court order.
While there are still restrictions imposed regarding what constitutes appropriate behavior for squatters in this state, understanding these and other protections are essential for those looking to reside or purchase such occupations.
Need to sell your home fast but have squatters?
Unless you are curious about how to get rid of squatters on your own, which is extremely stressful, don’t spend a minute more reading this article. Contact us here at Osborne Homes right away to find out how our California home buyer process works. We assist homeowners with squatters in place – when they need to sell their home fast.
How to get rid of squatters in California
If you’re dealing with a squatter in California and you would really like to sell your home, there are a few ways to tackle the issue. For one, you could sell your home to us cash home buyers CA. That’s the quickest and easiest way, anyways. With our California home buyer process, you will close fast and walk away with all cash. But what do people do who don’t know about our service? Let’s take a look.
- Some might try cutting them a deal and paying them off to get them to leave.
- They could also offer to officially rent their property to the squatter and have the rental agreement transferred in the sale. If it works and the squatter agrees to it, it’s at least an option that can help defuse potential claims of adverse possession.
- If all else fails, know that evicting squatters in California is possible – just be sure to follow the rules and go through established regulations when doing so.
How to evict squatters in California – in 5 steps
For a property owner, the thought of having someone living on your land without permission is incredibly disconcerting. From not paying rent to creating messes and other disturbances, squatters can be an uninvited hassle that nobody wants to deal with. Fortunately, if you take certain steps and follow legal procedures correctly there is a process for evicting squatters in California.
1. Send the squatter(s) a written notice to leave
Sending a written notice to a squatter is the first important legal step for removing squatters in California by eviction. To send such a notice, you must draft a document outlining your possession as the rightful owner of the building and demand that the squatter removes their belongings and vacates the premises by an agreed-upon date. This document should be delivered via certified mail so there is a record of delivery by mail. Though the process may seem straightforward enough on paper, it is important to keep in mind how pressed squatters may feel under such time-sensitive circumstances. If handled improperly, it can result in unwanted confrontations leading to potentially volatile situations.
2. File an unlawful detainer lawsuit if the squatter does not leave
If there is no response from the squatter after the sending of a notice to vacate, the next step toward evicting squatters in California is to file an unlawful detainer lawsuit. As this process may be relatively unfamiliar for some, it is important to invest in researching the specific laws of your county and how they address unlawful detainer suits. While these filings can seem intimidating, they are a necessary part of reclaiming one’s property in cases such as that of squatter occupation. A thorough understanding of the process will serve to facilitate a successful recovery of occupancy and provide an advantageous outcome.
3. Serve the squatter with a copy of the lawsuit and file proof of service with the court
After filing an unlawful detainer, the next step is to provide the squatter with a copy of the lawsuit. This is generally done through legally designated means such as personal delivery, certified or registered mail, or publication in a recognized newspaper. Once complete, it is essential to furnish proof of service to the court for confirmation that all necessary parties were provided notice and are aware of the legal proceeding. It is important to ensure that the right documentation is available with regard to proof of service in order to ensure consistently positive results throughout the entire process.
4. Go to court and get a judgment for possession of your property
After serving the squatter with a copy of the unlawful detainer lawsuit that has been filed, the next step for removing squatters in California by eviction is going to court in order to acquire a judgment for possession of the property. This is an important step in asserting your rights as a property owner. Remember that all actions taken because of this unlawful detainer should reflect closely and accurately what was stated in the lawsuit, as well as any other paperwork or evidence supporting ownership or possession of the property. Preparation for such proceedings will undoubtedly lead to a resolution that is fair for both parties.
5. Have the sheriff evict the squatter from your property
After you have been successful in obtaining a judgment of possession of the property you own in California, the last step in the eviction process is to have your local sheriff enforce the court order by evicting any squatters. The measure may seem drastic, but it is essential to protect your right as a property owner and reclaim your rightful possession of your land. Although the entire process can be lengthy and emotionally draining if personal relationships become involved, ultimately it may be necessary to take action that is undesirable but provides for a sure resolution.
Skip the stressful eviction process – sell your property to Osborne Homes!
As you can see, the whole eviction process can end up being a total nightmare. If you’d rather avoid the headache and let us handle it, that’s what we’re here for! We are California cash home buyers and we will buy your house with the squatters in place. Not only that but we will pay you all cash, no matter the condition of your property, we close fast AND we will take care of the entire eviction process ourselves – all you have to do is give us a call.
We know how important your property is to you and we will treat it with the utmost respect and professionalism. Don’t spend another day worrying about your squatters and their California squatter rights – let Osborne Homes take care of it! We buy houses California!