Property owners often fear the prospect of squatters occupying their property. In this guide, we’ll explore essential information about squatter rights in Santa Cruz, the steps to remove a squatter, and the new trespassing laws for 2024.
With the ongoing housing crisis in California, the number of individuals experiencing homelessness and resorting to squatting has increased. Many landlords only realize the threat of squatters when they find their property unexpectedly occupied or damaged.
Squatters typically settle in unmonitored rentals, vacation homes, foreclosed properties, or other vacant buildings. While the housing crisis is a significant concern, squatters can pose serious challenges for property owners.
In California, the legal framework can often appear to favor squatters, which may leave property owners feeling anxious. However, understanding squatter rights is crucial for preparedness and prevention. In this article, we will provide an overview of squatter rights, legal regulations, strategies for removal, and tips for safeguarding your property during vacancy.
Table of Contents
Introduction to Squatting
Understanding Squatting vs. Trespassing
Overview of Squatting Laws in California
Explaining Squatter Rights
The Rationale Behind Squatter Rights
California’s New Trespassing Laws (2024)
What You Can and Can’t Do Regarding Squatters
Legal Steps for Removing a Squatter
Police Involvement in Squatter Situations
Utility Management for Squatters
Timeline and Costs of Evicting a Squatter
Effective Property Protection Tips
Conclusion
Disclaimer: This article is for informational purposes only and should not be considered a substitute for professional legal advice. For specific concerns regarding your property, we recommend consulting with a licensed attorney who can provide personalized guidance.
What is Squatting?
In simple terms, squatting occurs when an individual occupies an uninhabited property without permission from the owner, attempting to assert possession. Typically, squatters take up residence in abandoned buildings or vacant homes without the owner’s awareness. Although these properties may be unoccupied, squatters do not possess the legal right to occupy them without the owner’s consent. Most of the time, squatters face eviction proceedings. However, under California’s adverse possession laws, there are rare instances where a squatter may gain legal ownership of the property they occupy.
Squatting vs. Trespassing
What distinguishes squatting from trespassing in California?
Trespassing is a criminal offense, while squatting is considered a civil issue. The first response to finding individuals in your property is often to call the police and report trespassing. However, if those individuals assert squatter rights (known as adverse possession), the situation becomes more complex. Squatters can still be arrested or evicted if they do not meet the criteria for adverse possession or if they are confirmed as trespassing.
Squatting Laws in California
While squatting is illegal in California, squatters still enjoy certain legal protections. For example, under California Civil Code section 1007, a squatter may obtain legal ownership of property by openly occupying it for a minimum of five years, demonstrating a sincere belief in their right to the property, and not attempting to conceal their presence. This is referred to as adverse possession, which we will discuss in more detail later.
Property owners in California can remove squatters from their real estate, but only after providing proper notice.
What are Squatter Rights in California?
Despite the illegal nature of squatting in California, the state grants squatters specific rights.
When a squatter claims squatter rights, they often refer to adverse possession laws. Adverse possession is a legal term that describes the circumstances under which a squatter can take control of a property. In California, four requirements must be met for a claim of adverse possession:
Hostile Possession: The squatter genuinely believes they are the rightful owner, either by occupying the land without knowledge of its true ownership or by being aware that they are trespassing.
Actual Possession: The squatter must inhabit the property as if it were their own, paying associated bills and property taxes. This distinguishes them from someone who only occasionally visits the property.
Open and Notorious Possession: The occupancy must be evident and cannot be hidden. Squatters must be visible to neighbors and cannot attempt to sneak around the property.
Exclusive and Continuous Possession: The squatter’s occupancy must be uninterrupted and not shared with others. In California, this possession must last for five years, beginning once any prior tenancy ends.
Why Do Squatters Have Rights?
You might wonder why such possession claims exist. Squatter rights were initially established to encourage the productive use of land and to allow individuals to occupy and improve abandoned properties. Essentially, the government prefers occupied properties over vacant ones to prevent waste. This approach helps maintain homes and ensures property taxes are paid. California has some of the most favorable laws for squatters; other states may require continuous possession for up to 30 years!
How Long Can a Squatter Stay in a House in California?
According to California’s adverse possession laws, a squatter must openly occupy a property and pay property taxes for a continuous and uninterrupted period of five years. Any interruption can jeopardize their adverse possession claim. During this period, squatters must care for and improve the property while preventing others from squatting. They must also occupy the property visibly and cannot hide their presence.
What Are the 30-Day Squatter Rights in California?
The so-called “30-day squatter’s right” is often misunderstood in California. While it is true that an individual living in a property for over thirty days may be considered a month-to-month tenant, this does not confer ownership rights. Instead, if someone occupies your property for more than 30 days, they must be evicted through formal proceedings. This protection is designed to prevent unlawful lockouts and ensure due process.
What is the New Trespassing Law in California?
The new trespassing law in California, Senate Bill 602 (SB 602), took effect on January 1, 2024. This legislation provides enhanced protections for property owners against trespassers. Rather than the previous 30 days, property owners can maintain their “no trespass” letters (or 602 letters) for up to a year. If a property is permanently closed and designated as such, the authorization letter is valid for three years. This bill also permits property owners to submit requests electronically. According to California Penal Code Section 602 PC, trespassing is defined as entering or remaining on another person’s property without permission and is typically classified as a misdemeanor, punishable by fines of up to $1,000 and up to six months in jail.
What You Can and Can’t Do with Squatters
If you discover that your property is occupied, your first step should be to call the police. Depending on the situation, they may classify it as a civil issue if no evidence of trespassing is present. It’s wise to notify law enforcement, even without clear signs of trespassing, to document the incident.
As for what you cannot do, you must avoid cutting off utilities, threatening squatters, or attempting to forcibly remove them. Such actions can not only be dangerous but may also lead to serious legal consequences.
Can You Physically Remove a Squatter?
No, physical removal of a squatter in California is not permitted. Doing so can result in legal repercussions. However, property owners have the right to evict squatters through the standard legal process. This includes providing written notice to vacate, allowing time for compliance, filing an unlawful detainer suit, obtaining a court order for removal, and working with local law enforcement to remove the squatter.
Can Police Remove Squatters in California?
If you find an unauthorized individual on your property, call the police. They will assess whether the person is a trespasser or a squatter. If identified as a trespasser, the police will treat it as a criminal matter and remove them. However, if they are classified as squatters, you must proceed with civil court actions. In California, police can only remove squatters if you successfully obtain a court order through an unlawful detainer lawsuit.
Can You Turn Off Utilities on a Squatter?
If someone is identified as a squatter occupying your property, you cannot intentionally cut off their utilities. While certain local landlord-tenant laws may allow this in specific situations, it is generally considered a self-help eviction, which is illegal. If you incur substantial utility costs due to the squatter, document these expenses for your eviction case to potentially recover losses after the court ruling.
Steps to Legally Remove a Squatter in California
Call the Police: Determine whether the individual is a trespasser or a squatter. If a trespasser, the police will remove them. If a squatter, proceed with the following steps.
Document Occupancy: Collect evidence of the squatter’s presence, including communication records, photographs, videos, and witness statements.
Issue a Notice to Vacate: Provide the squatter with a 3-day written notice to leave the property.
File an Unlawful Detainer Suit: If the squatter does not vacate after the notice period, file an eviction lawsuit.
Obtain a Court Order: If the court rules in your favor, you will receive a court order mandating the squatter to vacate.
Coordinate with Local Law Enforcement: Once you have the court order, work with law enforcement to facilitate the squatter’s removal.
How Long Does it Take to Evict a Squatter in California?
The eviction process for a squatter mirrors that of evicting a non-paying tenant. The timeline varies but typically takes a minimum of 3 to 4 months from start to finish. According to the California Courts self-help guide, the entire eviction process may take 30-45 days or longer.
How Much Does it Cost to Evict a Squatter in California?
The costs associated with evicting a squatter in California can vary widely. Basic expenses include court filing fees (ranging from $240 to $500), attorney fees, and potential costs for local law enforcement assistance in executing the eviction. In total, the cost can amount to anywhere from $500 to $2,500, depending on specific circumstances.
Tips for Protecting Your Property
To minimize the risk of squatters occupying your property, consider these tips:
Regularly Inspect Vacant Properties: Make frequent visits to ensure the property is secure and monitored.
Install Security Measures: Use surveillance cameras, alarms, and bright lighting to deter unauthorized access.
Keep Your Property Maintained: A well-maintained property signals occupancy and discourages squatters.
Notify Law Enforcement: If your property is vacant for an extended period, inform local law enforcement to monitor suspicious activity.
Utilize “No Trespass” Signs: Place signs around your property to assert your ownership rights.
Consider Professional Management Services: Hiring a property management company can help you monitor and manage your property effectively.
Final Thoughts
Navigating the complexities of squatter rights in Santa Cruz can be daunting, but with the right knowledge and preparation, you can safeguard your property. Stay informed about legal developments and take proactive measures to protect your investment. If you encounter squatters or have questions about the eviction process, consider seeking legal advice from a qualified attorney.
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Logan Andren
Logan Andren is the founder and CEO of Andren Homes Property Management. Since launching the company, Logan and his dedicated team have simplified the rental property experience for numerous Santa Cruz homeowners. Their mission is to enhance the lives of their clients and community, focusing on providing exceptional service and fostering lasting relationships. DRE #02002055
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