how to evict a squatter in california

Daniel Parker

3 min read

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31-01-2025

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Evicting a squatter in California can be a complex legal process. Understanding the specific laws and procedures is crucial to ensure a successful and legal eviction. This guide outlines the steps involved, but it's essential to consult with a qualified California attorney for personalized advice and legal representation. This is not a substitute for legal counsel.

Understanding California's Laws Regarding Squatters

In California, a squatter is someone who occupies a property without the owner's permission and with the intent to remain there. Simply trespassing isn't enough; the squatter must show an intent to claim the property as their own. This can be demonstrated by actions like changing locks, paying utilities, or making significant improvements. The length of time they've occupied the property plays a role, as adverse possession laws can apply after a prolonged period (five years under certain conditions).

Determining if Someone is a Squatter

Before initiating eviction proceedings, ensure the individual is indeed a squatter. Did they enter the property without your permission? Do they refuse to leave despite your requests? Gathering evidence is crucial, including photos, videos, witness statements, and any communication demonstrating their refusal to vacate.

The Eviction Process: A Step-by-Step Guide

Step 1: Serve a Three-Day Notice to Quit. This is the first formal step. The notice must be served personally to the squatter, specifying the reason for eviction and giving them three days to leave. There are different types of notices depending on the situation (e.g., for unlawful detainer, or for failure to pay rent). Improper service can invalidate the entire process. Certified mail with return receipt requested is not sufficient for service; you must personally hand the notice to them.

Step 2: File an Unlawful Detainer Lawsuit. If the squatter fails to leave after the three-day notice, you must file an unlawful detainer lawsuit in the appropriate California court. This is a civil lawsuit, not a criminal one. You'll need to complete legal forms, pay court fees, and properly serve the squatter with the lawsuit. The lawsuit demands that the court order the squatter's eviction.

Step 3: Attend Court Hearings. Several court hearings are typically involved in an unlawful detainer case. Be prepared to present your evidence, including the three-day notice, proof of ownership or lease, and evidence of the squatter's unlawful occupancy.

Step 4: Obtain a Writ of Possession. If the court rules in your favor, you'll receive a writ of possession. This document authorizes law enforcement to remove the squatter from the property. It's essential to understand that you cannot remove the squatter yourself; you must involve law enforcement.

Step 5: Enforce the Writ of Possession. With the writ of possession, contact the sheriff's department to schedule a date for the squatter's removal. The sheriff's department will evict the squatter. Be aware that there could be additional costs associated with law enforcement's involvement.

Common Mistakes to Avoid

• Attempting Self-Help Eviction: Never try to evict a squatter yourself. This is illegal and can result in serious legal consequences for you.
• Failing to Properly Serve Legal Documents: Improper service can invalidate the entire eviction process.
• Ignoring Legal Advice: Consult with a lawyer specializing in California eviction law. They can guide you through the complex process and ensure you comply with all legal requirements.
• Not Gathering Sufficient Evidence: Document everything meticulously – photos, videos, witness statements, and communication with the squatter.

When to Seek Legal Counsel

Consult an attorney immediately if you suspect someone is squatting on your property. A lawyer can advise you on the best course of action, ensure you follow the correct legal procedures, and represent you in court if necessary. The complexities of California eviction law make professional legal guidance crucial for a successful outcome.

Remember, this article provides general information and should not be considered legal advice. The specific steps and requirements may vary depending on your individual circumstances. Always consult with a qualified California attorney before initiating eviction proceedings.