California Squatter Laws (2026): What Property Owners Must Know
Most people think squatting is simple. Someone lives in an empty building without permission. That’s it, right? Actually, California’s squatter laws are way more complicated than that. And honestly, the rules might surprise you.
Here’s the thing: California actually has some protections for squatters in certain situations. That doesn’t sound right, we know. But the state takes a careful approach. It balances property rights with housing needs. So if you own property in California, you need to understand these laws. They directly affect what you can do on your own land.
What Is Squatting, Really?
Okay, let’s define this clearly. Squatting happens when someone occupies property they don’t own or have permission to use. They’re not breaking in through windows or anything dramatic. Usually, they just move into an empty space. They stay there. No one gives them permission. That’s the basic idea.
But California doesn’t treat all squatting the same way. This is where it gets interesting. The state has specific rules about adverse possession. It also has tenant rights that protect people living in properties long-term. These aren’t exactly the same as squatting, but they’re related. Understanding the difference matters a lot.
California’s Squatting and Adverse Possession Laws
What Is Adverse Possession?
Think of it like this: if someone lives on your property long enough, under certain conditions, they might actually gain legal rights to it. Sounds wild? It is. But California allows this in specific situations.
Here’s what needs to happen. The person has to occupy the property openly. Everyone should be able to see they’re living there. They also have to occupy it exclusively. No one else can be sharing the space. The occupation needs to be continuous for a set number of years.
In California, that timeframe is five years. But there’s a catch. The person must also pay property taxes during those five years. Paying taxes is actually the key piece here. It shows the state they’re treating it like their own property. Without those tax payments, the timeline jumps to 20 years instead.
Pretty strict requirements, right? Most squatters don’t pay taxes on property they don’t own. So reaching adverse possession is pretty rare in practice.
How Property Owners Can Protect Themselves
Wondering what you can do as an owner? Here’s the good news: you have legal protection tools available. The best move is filing something called a “notice of trespass” or posting “No Trespassing” signs. This shows the occupation isn’t permissive.
You should also document everything about the occupation. Take photos. Write down dates. Note what the person is doing on your property. Keep these records safe. You’ll need them if you ever go to court.
Another option is sending a formal notice. This letter tells the person they need to leave. It explains they don’t have permission to be there. Keep a copy of this letter for your records.
Actually, here’s something important: staying completely hands-off isn’t the answer. You need to show the occupation isn’t allowed. Ignoring it for years could hurt your position later.
California’s Tenant Rights Laws
Why This Matters to Squatting
Okay, pause. This part gets tricky because it affects squatters directly. California has strict tenant protection laws. These laws sometimes cover people who’ve lived somewhere long-term, even without a formal lease. That’s where things get confusing.
If someone’s been living in your property for a while, they might claim tenant rights. This is especially true if they were ever invited to stay. Maybe a friend let them crash. Then months go by. They’ve paid some bills. Used utilities. Now they claim they’re a tenant, not a squatter.
California courts actually look at situations like this carefully. They consider whether the person has an implied lease. They check if the property owner accepted rent or utility payments. They examine how long the person’s been there. All of this matters.
You’re not alone if this confuses you. Most property owners don’t realize how these rules work. Courts can sometimes treat long-term, tolerated occupants as tenants. That changes everything about how you remove them.
What “Tenant Rights” Actually Means for Squatters
So what happens if a court decides a squatter has become a tenant? Then they get tenant protections. That person can’t just be thrown out. You need to follow eviction procedures. You might need to give them notice. You might need to go to court. You definitely can’t change the locks or shut off utilities.
This doesn’t happen in every situation. But it can happen. And it takes most owners by surprise.
Here’s the real kicker: some squatters actually know this. They deliberately try to establish tenant rights. They’ll accept small payments from you. They’ll help with property maintenance. They’re building a case that they’re tenants. It’s strategic, honestly.
The way to avoid this? Don’t accept any payments from them. Don’t let them claim any maintenance work. Keep enforcing the “No Trespassing” message. Be consistent about it.
Penalties for Illegal Squatting
Criminal Charges
Breaking and entering to occupy a property can result in criminal charges. California treats this as trespassing. Trespassing charges range from misdemeanors to felonies, depending on the situation.
For a misdemeanor trespassing charge, you could face up to six months in jail. You could also get fined up to $1,000. Sometimes you get both. A felony conviction is much worse. That could mean 16 months to three years in prison. Plus fines up to $10,000.
These are serious consequences. And yes, squatters can face them. But here’s where it gets complicated: many local police departments don’t prioritize squatting cases. They often treat it as a civil matter instead of a criminal one. So while the penalties exist, they’re not always enforced.
Civil Eviction Process
This is actually the more common path. The property owner files for eviction in court. California calls this an “unlawful detainer” action.
The process starts with written notice. You give the squatter three days to leave. If they don’t go, you file the court paperwork. Then comes a hearing. If the court sides with you, the squatter gets an eviction order. They have a set amount of time to leave. If they don’t, the sheriff enforces the eviction.
The whole process typically takes several weeks to a couple of months. It’s not instant. It costs money too. Court fees, legal fees, all of it adds up. Most owners spend $1,000 to $5,000 on the eviction process.
Recent Changes in California Squatter Laws
Assembly Bill 1629
In 2023, California passed Assembly Bill 1629. This law changed things for property owners. It actually tightened protections against adverse possession claims.
What did it do? The law increased the timeframe for adverse possession claims. Now, in some situations, the occupation period extends to 20 years instead of five. It also requires clear documentation of property tax payments. This makes adverse possession much harder to claim.
Wait, this sounds good for property owners, right? It is. But the catch is that this law only applies to claims filed after January 1, 2024. Older claims still use the five-year rule.
Other Recent Developments
California also clarified rules about “no trespassing” notices. Posting visible signs now counts as legal notice in most situations. You don’t always need to hand-deliver notices to squatters. This helps property owners establish that occupation isn’t permitted.
However, some cities in California have added local protections for long-term occupants. San Francisco, for example, has specific rules about evicting people who’ve lived somewhere many years. These local laws sometimes protect squatters more than state law does.
Special Circumstances and Exceptions
Vacant Property Concerns
Here’s something important: California has laws about vacant properties. If you own property and leave it vacant for extended periods, there are requirements. You need to maintain it. You need to prevent break-ins and vandalism. You might need to comply with local housing codes.
Some cities require vacant property registration. You have to tell the city the property is empty. Some cities charge fees for vacant properties. These rules vary widely depending on where you are.
This matters because it affects your legal standing. If your property is in terrible condition, that might affect eviction cases later. Courts look at whether owners are maintaining properties responsibly.
Homeless Encampments and Public Land
Different rules apply if squatters occupy public land or designated homeless encampment areas. California has specific procedures for these situations. They’re more protective of the occupants. The city or government agency has to follow special notice procedures before clearing an encampment.
If squatters occupy private property, these encampment rules don’t apply. You have more authority to remove them. But the process still follows eviction law.
Family Members and Guests
Okay, this one’s practically important. If you invite someone to stay in your property (even informally), different rules apply. They might claim they’re a tenant. They might claim you gave them permission to stay. These cases are harder to defend against.
The lesson here? Be very careful about who you allow in your property. Even a friend “temporarily” staying could create legal complications. If you do invite someone, get a written agreement. Specify that it’s temporary. Set an end date.
How to Remove Squatters from Your Property
Step-by-Step Process
Here’s what you actually need to do. First, make sure they’re really squatters and not tenants. Check if you’ve accepted any rent payments. Look for a lease, written or implied. Get legal advice if you’re unsure.
Second, document everything right now. Take photos with dates. Write down when they arrived. Note any damage. Make a list of items they’ve brought in. This documentation helps in court later.
Third, post “No Trespassing” signs visibly on the property. Make them clear and easy to read. Post them on all entrances if possible. Take photos of the signs too.
Fourth, send a formal notice. This is a letter telling them to leave. Include a deadline (at least three days). Send it registered mail so you have proof they received it. Keep a copy for yourself.
If they don’t leave after the notice period, here comes the legal part. Hire a lawyer experienced in unlawful detainer cases. They’ll file the paperwork with the court. You’ll go through the eviction process. This is where professional help really matters.
When to Call a Lawyer
Honestly, this is probably worth doing from the start. Landlord-tenant law is complex. One mistake could delay your eviction by months. A lawyer prevents those mistakes.
You especially need a lawyer if the squatter claims tenant rights. You need one if there’s any question about permission being given. You need one if they’ve been there a long time. You need one if they claim they’ve paid taxes on the property.
The cost of a lawyer is usually less than the delay and complications of doing it wrong yourself.
Using Law Enforcement
Can you just call the police and have them remove the squatter? The honest answer is: probably not. Police usually classify this as a civil matter, not criminal. They won’t remove someone just because you say they’re trespassing. They’ll refer you to civil court.
Police might get involved if the squatter committed a crime. Breaking and entering, for example. Or theft. Or property damage. But just being there without permission? That’s typically civil, not criminal.
You can file a police report. It helps document the situation. But don’t expect immediate removal. The eviction process is your main tool.
What Property Owners Get Wrong About Squatters
Myth 1: Squatters Have No Rights
This is wrong. California actually recognizes certain rights for people occupying property long-term. Not all squatters, but some. If they meet specific conditions, they can claim adverse possession or tenant rights. Knowing this changes your strategy.
Myth 2: You Can Remove Them However You Want
Changing the locks? Cutting off utilities? Removing their belongings? These might feel justified. But they’re illegal. California law requires proper eviction procedures. You could face criminal charges for “self-help” eviction. You could face civil liability. It’s never worth it.
Myth 3: The Police Will Remove Them Immediately
Nope. Police treat squatting as a civil matter in most cases. You need to go through eviction court. That takes weeks or months, not hours or days.
Myth 4: Squatting Is Always Criminal
It can be. But it’s usually treated as a civil matter. The property owner sues for eviction. It’s not a police matter. Criminal charges require breaking and entering or other additional crimes.
Frequently Asked Questions
Can I change the locks to keep a squatter out? No. Self-help eviction is illegal in California. You must use the court eviction process. Changing locks can result in criminal charges against you.
How long until a squatter gains legal rights to my property? In most cases, five years with documented tax payments. Without tax payments, it’s 20 years. But this requires meeting strict conditions. Just living there doesn’t automatically grant rights.
Do I have to give squatters notice before filing for eviction? Yes. California requires written notice (usually three days) before filing an unlawful detainer action. You must give them a reasonable opportunity to leave.
What if the squatter claims they’re a tenant? This makes things more complicated. You might need to prove no implied lease exists. A lawyer can help with this. The court will examine the facts.
Can I remove their belongings if I evict them? Only after the eviction process is complete and the sheriff enforces the eviction order. Even then, you must follow specific procedures. The squatter typically has a right to reclaim their belongings.
Final Thoughts
California squatter laws are complicated. They protect property rights but also recognize certain occupant rights. That balance creates gray areas that confuse most people. Now you understand the basics. You know what adverse possession means. You know how the eviction process works. You know what mistakes to avoid.
The biggest takeaway? If you have squatters, get professional legal help. Don’t try to handle this alone. Don’t attempt self-help removal. Don’t ignore the situation hoping it resolves itself. Document everything, post notices, send formal letters, and let the legal system handle the rest.
Stay informed about changes to California law. Keep learning about your property rights. And if you ever face this situation, remember: the fastest, most legal solution involves a lawyer experienced in unlawful detainer cases.
References
California Code of Civil Procedure, Section 1161 (Unlawful Detainer)
California Civil Code, Section 1006 et seq. (Adverse Possession and Prescription)
Assembly Bill 1629 (2023) Summary