Dealing with squatters can be frustrating and overwhelming for property owners, but there are legal steps you can take to remove them. Understanding the process, rights, and legal framework around squatters in California is crucial to handling the situation effectively.
But what are squatters and how do you remove squatters? Here’s a tell-all guide with steps on how Osborne Homes can help. We’ll also look at a few typical squatter situations to show how they get removed and reveal just how complex and costly this process can be.
What Are Squatters?
Squatters are individuals who occupy a property without permission, often taking up residence in vacant homes or properties. They don’t have a lease agreement or legal right to the property, and typically, they refuse to leave when asked, leaving homeowners wondering how they’re supposed to get rid of squatters. Squatting is a legal challenge, especially in California, where certain squatters’ rights apply.
Squatters Rights in California
In California, squatters have certain legal protections that can make eviction difficult. They may be able to gain ownership of a property after living there for an extended period under the concept of “adverse possession,” which allows someone to claim ownership if they’ve occupied the property openly and continuously for at least five years. Studying these squatters’ rights is helpful when you are a property owner in California dealing with squatters.
Can You Evict Squatters in California?
Yes, it is possible to get rid of squatters by eviction in California, but the process can be complicated and time-consuming. You must follow a legal process, including sending notices, filing lawsuits, and possibly going to court. If this sounds overwhelming, you’re not alone.
Typical Squatter Situations and How They Got removed
Squatter situations can be stressful and complex, especially when dealing with legal frameworks that can be challenging to navigate. Here are a few squatter stories. They are made-up stories but are exactly what is typically seen in squatter cases. We added them here to showcase how complicated and time-consuming it can be to remove unauthorized occupants from your property.
1. The “Tina” Squatter Case in Los Angeles
In Los Angeles, a squatter named Tina moved into an abandoned property in an upscale neighborhood. The homeowner, who had moved out of state, found out about the situation when they visited the property and discovered that Tina had changed the locks and made herself at home.
How to remove a squatter like this:
After several months of battling through California’s tenant laws, the homeowner was forced to take legal action. The court ultimately sided with the homeowner after a lengthy eviction process. Tina was removed, but the property had sustained damage, including broken locks and stolen appliances.
2. The “Adverse Possession” Case in San Francisco
A squatter in San Francisco took possession of a foreclosed property, improving the house and even making repairs. He began claiming ownership of the property after residing there for over five years.
How to remove a squatter like this:
The squatter applied for adverse possession, a legal claim in California after continuous occupation for a specified period. The property owner decided to sell the house rather than engage in a prolonged legal battle, ultimately losing the property due to adverse possession laws.
3. The “Holiday Inn” Squatters
In California, squatters occupied a former Holiday Inn hotel that was left unsecured and unused for renovation. A large number of people moved in, taking over different rooms.
How to remove a squatter like this:
After multiple complaints, the property management company tried evicting the squatters. It became complicated when they claimed to have been living there for months without interruption. Eventually, law enforcement was called in, and the squatters were removed after prolonged legal procedures and negotiations.
4. The “Rural Farm” Squatter in Northern California
A squatter moved into a dilapidated barn on a rural farm in Northern California. The property owner, who lived several hours away, did not find out about the squatter until a neighbor alerted them.
How to remove a squatter like this:
The property owner first tried to settle the issue without legal help, but after months of unsuccessful negotiations, they involved local law enforcement. The squatter was removed, but the property had sustained damages, including broken locks and other signs of neglect.
Steps for Removing Squatters in California
Here’s a legitimate process for getting rid of squatters by eviction in California.
1. Verify Their Occupancy
Before you can remove squatters, make sure you confirm their occupancy on your property. Take note of when they moved in, how long they’ve been living there, and their behavior on the property. Documenting everything will help when you go to court.
2. Send a Written Notice to Vacate
Your first step in legally removing squatters is sending them a written notice to vacate. This document should clearly state that they are trespassing and demand that they leave by a specific date. In California, it’s crucial to follow the appropriate steps for serving this notice, either through personal delivery or certified mail.
3. File an Unlawful Detainer Lawsuit
If the squatter does not vacate after receiving the notice, you’ll need to file an unlawful detainer lawsuit. This lawsuit is necessary to begin the legal eviction process. Be sure to follow your local county rules, as each jurisdiction may have specific requirements for handling unlawful detainers.
4. Serve the Lawsuit to the Squatter
Once your lawsuit is filed, the next step is to serve the squatter with a copy of the complaint and summons. This must be done according to the law, either through personal service, substituted service, or mail. If the squatter does not respond, you can proceed to the next step.
5. Attend Court and Obtain a Judgment
After serving the lawsuit, you’ll need to attend court to present your case. If the judge rules in your favor, you’ll receive a judgment for possession, which legally allows you to take back your property.
6. Enforce the Eviction
If the squatter still refuses to leave, you will need to ask the sheriff to enforce the eviction. The sheriff will serve a writ of possession and remove the squatter from the property. At this point, you have reclaimed your property, but the entire process could take several months.
Costs and Time Involved in Removing Squatters
Getting rid of squatters can be expensive and time-consuming. Legal fees, court costs, and lost rental income add up quickly, especially when the process drags on. Here are some of the expenses you might face.
Attorney Fees
Hiring a real estate lawyer to guide you through the eviction process can be expensive. Depending on the complexity of your case, legal fees can range from $1,500 to $5,000 or more. The more complicated the eviction, the higher the costs, especially if you need ongoing legal representation.
Court Fees
Filing an unlawful detainer lawsuit to begin the eviction process involves additional costs. These filing fees typically range from $200 to $500, depending on the county and specifics of your case. Additional costs may apply if you need to serve notices or handle other legal procedures.
Lost Rental Income
The longer squatters occupy your property, the more rental income you lose. In some cases, squatters can live on your property for months without paying rent, leading to significant financial losses. This lost income can add up quickly, especially if your property is in high-demand rental markets.
Repair Costs
After successfully removing squatters from your property, you may need to address damage caused during their occupation. This could include replacing locks, repairing broken windows, and cleaning up any mess they leave behind. The costs of repairs can vary based on the extent of the damage and necessary restoration work.
How to Remove Squatters the Osborne Homes Way
If you’re overwhelmed by the presence of squatters on your property and the legal complexities involved, there’s an easier way out. At Osborne Homes, we offer a hassle-free solution to help you regain control of your property quickly and without the headaches of eviction. But how do you remove squatters the Osborne Homes way? Here’s a peek into that for you.
Sell As-Is with No Repairs
Dealing with squatters often means dealing with property damage, stress, and delays in getting your property back. If you’d rather avoid the hassle of evictions and repairs, selling your home to Osborne Homes can be the solution you need. We buy homes in any condition, including properties with squatters.
No More Legal Battles
Rather than fighting a long eviction process, you can sell your property to Osborne Homes quickly and easily. We’ll handle all the details for you, so you don’t have to worry about court hearings or paying for expensive legal fees.
Get a Fair Cash Offer
When you sell to Osborne Homes, you’ll receive a fair all-cash offer for your property, no matter the condition or the squatters in place. We buy homes directly from homeowners, offering a smooth, fast, and easy solution.
Close on Your Timeline
You can choose when to close the sale of your property. Whether you need to sell quickly or need time to make arrangements, we work on your timeline, ensuring a smooth transition.
Why Sell to Osborne Homes Instead of Just Removing the Squatters
Selling your home directly to Osborne Homes offers numerous benefits, especially when dealing with squatters.
Quick and Hassle-Free
No need to navigate the lengthy and complicated legal eviction process. With Osborne Homes, you can sell your home as-is, without worrying about repairs or additional costs. We buy properties in any condition, offering a fast, stress-free solution without the need for negotiations or delays.
Avoid Costly Legal Fees
By selling directly to Osborne Homes, you eliminate the need for expensive attorney fees and court costs associated with evicting squatters. Skip the legal battles and save both time and money, while avoiding the stress of prolonged eviction processes.
Cash Offer
Get an immediate all-cash offer for your home. With Osborne Homes, you don’t have to worry about financing delays or complex contingencies. Once you accept our offer, you can close quickly and receive cash in hand, making it an ideal solution for landlords seeking a fast sale.
Flexibility
With Osborne Homes, you choose when to close the sale, allowing you to move forward with your life at your own pace. Whether you need to close quickly or prefer more time, we accommodate your timeline, providing you with the flexibility to sell on your terms.
Skip the Stress—Sell Your Home to Osborne Homes Today
Dealing with squatters can be a stressful, time-consuming experience that disrupts your life. If you came here looking for a quick, hassle-free solution, now you know how to remove squatters the easy way: Sell your property to Osborne Homes. We buy houses in any condition, including those with squatters, and will take care of the entire process and get rid of squatters for you. Forget the lengthy legal battles and expensive repairs—our straightforward approach makes selling simple and fast. Contact us today for a free, no-obligation cash offer, and start fresh without the stress.