Finding out that someone is living in your property without permission is every homeowner’s nightmare. These unauthorized occupants (known as squatters) often refuse to leave, and removing them isn’t as simple as changing the locks. Because of California’s tenant-friendly laws, the process of removing squatters can be complicated, time-consuming, and emotionally draining.
In this guide, we’ll break down how to get rid of squatters in California, explain what rights squatters do (and don’t) have, and show you how Osborne Homes can help you skip the eviction process altogether.
Table of Contents:
- Is Squatting Legal in California?
- California Squatter Rights
- How to Evict a Squatter in California in 5 Steps
- How Long Can It Take to Evict a Squatter in California?
- How to Avoid Squatters in the Future
- FAQs About Squatters in California
- Sell Your Home With Squatters To Osborne Homes
Key Takeaways
- You cannot remove squatters yourself. In California, only law enforcement can physically remove them once a court order is issued.
- Follow the legal eviction process. File a police report, serve a three-day notice to vacate, and pursue an unlawful detainer lawsuit through the court.
- The process can take 30–90 days depending on court backlogs and whether the squatter contests the eviction.
- Do not change locks or shut off utilities. These “self-help” actions are illegal and can delay your case.
- Act quickly to protect your property. Ignoring squatters can complicate the situation or even risk an adverse possession claim.
- Osborne Homes can help. We buy houses in any condition and handle the eviction process for you.
Is Squatting Legal in California?
No, squatting is not legal in California. Living on someone else’s property without permission is considered unlawful, even if the person entered the home without using force. However, California law treats most squatting cases as civil matters, not criminal ones. That means police often can’t remove squatters unless there’s clear evidence of another crime, such as breaking and entering or property damage.
Where things get complicated is when squatters try to claim tenant protections. If they’ve been in the property for an extended period or received mail there, they may be treated as tenants under California’s tenant-friendly eviction laws, requiring formal eviction through the court system.
It’s also important to note that squatters differ from tenants who once had permission to live there. Tenants have signed agreements or leases, while squatters never had any legal right to occupy the property. In some cases, squatters start as tenants who refuse to leave after their lease ends. Learn more about how to deal with difficult tenants in California before the situation escalates.
Why Do Squatters Have Rights in California?
Squatters in California have limited rights under the state’s adverse possession laws, which allow someone to claim ownership of a property if they’ve lived there openly and continuously for at least five years and paid property taxes during that time.
These laws were originally designed to prevent land from being condemned or abandoned, but they can make removing squatters more complex for homeowners. Acting quickly and following proper legal procedures is the best way to protect your property before squatters gain any leverage.
California Squatter Rights (Adverse Possession Law Explained)
Under California squatter law, unauthorized occupants may gain limited legal rights after living on a property for an extended period of time. The most significant of these laws involves adverse possession, which allows someone to claim ownership if very strict conditions are met.
To claim adverse possession in California, a person must:
- Live on the property continuously for at least five years
- Occupy it openly and obviously, not in secret
- Do so without the owner’s permission
- Use the property exclusively, not share it with others
- Pay property taxes during the entire five-year period
These situations are extremely rare, but they highlight why homeowners should act quickly when squatters are discovered. The longer a squatter stays, the more complicated the eviction process can become.
If you’re struggling with uncooperative tenants or unauthorized occupants, you can still move forward by selling your California rental property legally.
What Are Squatters’ Rights in California?
Even though squatting is not legal, state law provides certain protections to ensure due process. Here’s what squatters may be entitled to under California law:
- The right to formal eviction proceedings before being removed.
- The ability to file an adverse possession claim if all legal criteria are met.
- Protection from self-help evictions, meaning owners cannot change locks, remove belongings, or shut off utilities.
- Possible recognition as a tenant, depending on how long they’ve lived there or whether they receive mail at the property.
These rights don’t make squatting lawful, but they do explain why removing squatters in California requires following specific legal steps. Acting quickly and documenting everything is the best way to protect your property.
How to Evict a Squatter in California in 5 Steps
Even though squatters are living on your property without permission, you still need to go through the formal eviction process to remove them legally. California law protects all occupants’ rights to due process, which means you cannot change the locks, shut off utilities, or physically force anyone to leave.
Here’s how to evict a squatter in California, step by step:
1. Call the Police to File a Report
Your first step should be contacting local law enforcement to report the situation. The police will determine whether a crime such as trespassing or vandalism has been committed.
If the squatter entered illegally or caused damage, they may be arrested and removed. However, in many cases, officers will advise you to begin the civil eviction process instead. Filing a police report is still important, as it documents your efforts to resolve the issue legally.
2. Serve a Three-Day Notice to Vacate
If police are unable to remove the squatter, the next step is to issue a three-day notice to vacate. This written notice informs the occupant that they must leave the property within three days or face eviction through the court system.
To be valid under California law, the notice must be served properly, either delivered in person or sent by certified mail with proof of delivery. This notice to vacate for squatters is a required step before you can file an eviction lawsuit.
3. File an Unlawful Detainer (Eviction) Lawsuit
If the squatter refuses to leave after receiving the notice, you’ll need to file an unlawful detainer lawsuit in your local court. This begins the formal legal process for eviction in California.
At this stage, it’s best to work with a landlord-tenant attorney who understands state eviction laws and can help you prepare the required documents. Filing errors or incomplete paperwork can delay your case, so professional guidance is worth the investment.
This is the core step in how to evict a squatter in California the right way.
4. Attend the Court Hearing and Obtain a Judgment
Once your case is filed, the court will schedule a hearing to review the situation. You’ll need to present proof of ownership and show that the squatter was served with proper notice.
If the court rules in your favor, it will issue a judgment for possession, legally granting you the right to reclaim your property. The squatter will be ordered to leave, typically within a few days.
5. Contact the Sheriff for Removal
If the squatter still refuses to leave after the court order, contact your county sheriff’s department to carry out the eviction. Only law enforcement officers have the legal authority to physically remove squatters from a property in California.
Do not try to handle the removal yourself by changing locks, removing belongings, or cutting off utilities. These “self-help” methods are illegal and can lead to fines or delays in the eviction process.
How Long Can It Take to Evict a Squatter in California?
The eviction process for squatters in California can take anywhere from 30 to 90 days on average. However, the exact timeline depends on the county court system, the complexity of the case, and whether the squatter chooses to fight the eviction in court.
If the process goes smoothly, a cooperative squatter might be removed in about a month. But if there are disputes over ownership, missing paperwork, or court backlogs, the case can stretch out for several months.
Factors that can slow down the process include:
- Delays in serving notices or filing paperwork correctly.
- Court scheduling backlogs, which vary by county.
- Squatters claiming tenant rights or filing appeals to stall the eviction.
- Incomplete or incorrect documentation that forces the case to be refiled.
Because the process can be unpredictable, many homeowners choose to sell their property to Osborne Homes instead. Osborne handles the entire eviction process, allowing you to avoid the stress and regain control of your time and finances.
How to Avoid Squatters in the Future
Once you’ve gone through the stressful process of removing squatters, the last thing you want is for it to happen again. The best protection is prevention. Taking a few proactive steps can help you secure your property and reduce the risk of future squatters moving in.
Here are some practical ways to avoid squatters in California:
- Secure vacant homes with strong locks, alarm systems, and motion lights.
- Inspect your property regularly to ensure it hasn’t been entered or damaged.
- Post “No Trespassing” signs to establish that the property is privately owned and monitored.
- Maintain written lease agreements with tenants and avoid informal arrangements.
- Screen tenants carefully to verify rental history and prevent future disputes.
- Keep utilities in your name for vacant properties, making it harder for squatters to claim residency.
If you own a vacant property or inherited home that’s hard to manage, consider selling before it becomes a target for squatters.
FAQs About Squatters in California
How do you get squatters out of your house in California?
You must follow the formal eviction process for squatters. Start by contacting the police to file a report, then serve a three-day notice to vacate. If the squatter refuses to leave, file an unlawful detainer lawsuit. Once the court grants a judgment, the sheriff’s department can legally remove them.
Can you kick out a squatter yourself?
No. Property owners cannot forcibly remove squatters by changing locks, shutting off utilities, or removing belongings. These actions are illegal in California and can delay your eviction case. Only law enforcement officers, with a court order, can remove squatters.
When should I hire an attorney regarding squatters in California?
It’s best to contact a landlord-tenant or real estate attorney as soon as a squatter refuses to leave or claims tenant rights. An attorney can help you file the correct paperwork, avoid legal mistakes, and represent you in court if the squatter contests the eviction. Legal guidance is especially important if the squatter has been there for months, is receiving mail at the property, or threatens to claim adverse possession.
Do squatters have rights in California?
Yes, but they are limited rights. Squatters are entitled to due process, meaning they must be formally evicted through the court system. In rare cases, a squatter who occupies a property for five continuous years and pays property taxes may try to claim ownership under adverse possession laws.
How do I write a notice to vacate for squatters?
A notice to vacate for squatters should clearly state that you are the legal property owner and that the occupant must leave within three days or face legal eviction. Include your name, property address, and signature, and deliver it in person or by certified mail to ensure it’s legally valid.
Why does California protect squatters?
California’s laws aim to prevent wrongful evictions and protect tenant rights. These rules ensure that all occupants (even unauthorized ones) receive proper notice and an opportunity to respond in court. However, these same laws can make it harder for homeowners to remove squatters quickly, which is why professional legal guidance is so important.
What’s the fastest way to get rid of squatters in California?
The fastest option is to work with a cash home buyer like Osborne Homes. We buy homes even with squatters in place and handle the entire eviction process for you. If you want to avoid the lengthy court process, sell your home fast for cash and let our team take care of the rest.
Sell Your Home With Squatters To Osborne Homes
The legal process to remove squatters in California can take weeks or even months, and homeowners are required to follow every legal step. It’s stressful, time-consuming, and not something you should have to handle alone.
Osborne Homes buys houses in any condition, even with squatters still living there. Our team will take care of the eviction process for you, saving you from court delays and legal headaches. You’ll get a fair cash offer and can move forward without dealing with the stress of unauthorized occupants.
Avoid the hassle and sell your California home fast, squatters included. Get your cash offer or learn how we can help with tough situations like bad tenants and squatters.
