California Squatters’ Rights & What They Mean for Landlords

As a landlord in California, protecting your rental property isn’t just about finding good tenants—it also means understanding the legal gray areas that can arise when someone occupies your property without permission. One of the most confusing and frustrating issues landlords face is squatting.

Squatters’ rights, also known as adverse possession, can allow someone to gain legal ownership of your property if certain conditions are met. While rare, the consequences of ignoring or delaying action against squatters can be costly and time-consuming.

In this guide, we’ll explain what squatters’ rights mean in California, the risks they pose to landlords, and how to protect your property from unauthorized occupants.

What Are Squatters’ Rights?

Squatters’ rights refer to the rights a squatter (a person who unlawfully lives in an uninhabited building or unused land) may get if they occupy a property for a specific period of time without the owner taking legal action to prevent them from doing so. Squatting is a type of trespassing, typically done with the intention of claiming ownership or establishing permanent residency. Adverse possession, or squatters’ rights, are different from state to state, with time frames ranging from 7 to 20 years of continuous, exclusive, and open use of the property.

Squatters’ Rights in California

For squatters to claim adverse possession in California, they must meet the following criteria:

• Actively occupy the property for a minimum of 5 consecutive years.
• Payment of all state, county, and local taxes on the property during the 5 years. Without proof of tax payments, a squatter can’t win an adverse possession claim in California.
• Must not have a valid lease or rental agreement with the landlord.
• The property’s possession isn’t secret or hidden. It’s evident to neighbors and the community.
• Does not share possession of the property with anyone else, and they prevent others from living there as the landlord would.
• Must physically occupy the property and treat it as their own, such as by improving or maintaining it.

It is extremely difficult for a squatter to satisfy all these conditions in California, especially the tax payment requirement. Still, landlords should act quickly when unauthorized occupants are discovered to avoid potential long-term issues.

Risks & Challenges for Landlords & Squatters’ Rights

For California landlords, squatters can pose serious legal and financial risks, especially if a rental property sits vacant for any length of time. While rare, if a squatter remains on the property long enough and meets the strict requirements for adverse possession, they could eventually claim legal ownership. Even before reaching that point, removing a squatter requires a formal eviction process, which can be time-consuming and costly.

Landlords who rent out multiple units or live out of state are particularly vulnerable to squatters slipping in during periods of tenant turnover. If a previous tenant refuses to leave or allows someone else to stay behind without permission, you could unknowingly be dealing with a squatter. Additionally, because California law prohibits landlords from using “self-help” methods (like changing the locks or shutting off utilities), you must go through the court system to regain possession, potentially delaying new tenants or causing property damage in the meantime.

Staying vigilant with property management, conducting regular inspections, and responding swiftly to unauthorized occupants can help landlords avoid costly legal battles and protect their rental investments.

How to Deal With Squatters in California: 3 Tips For Rental Owners

Dealing with squatters can be stressful, but California landlords have legal tools and preventative strategies available. Here are 3 practical tips to help you protect your rental property and handle squatters correctly:

1. Protect Yourself From Squatters

Preventing squatters from taking over your rental property while it’s vacant is the first step in dealing with them in the Golden State. Here are a few actionable steps you can take to protect yourself (and your property) from squatters:

• Put up “No Trespassing” signs on your property
• Run regular inspections of your rental
• Install lighting and security systems to prevent unauthorized entry
• Inform neighbors to report to you any suspicious activity
• Keep the property filled with tenants year-round
• Secure doors and windows with locks and proper barriers

2. Remove a Squatter Legally

If you’re dealing with a squatter in California, removing them requires a complete eviction process. Here are 3 steps to follow to evict a squatter from your rental property:

1. Provide squatters with a 3-day notice to vacate the premises.
2. Suppose the squatter refuses to leave after 3 days. In that case, the landlord can file an unlawful detainer lawsuit in California and then issue a court order to remove them from the premises, which will be served to the squatter by law enforcement if they still refuse to leave.
3. Once the landlord files an unlawful detainer lawsuit, the squatter has five days to respond. If they don’t, the court may issue an immediate order of possession. If they do respond, a hearing is held within 20 days. If the judge rules in the landlord’s favor, a Writ of Execution is issued. The sheriff will post the writ, giving the squatter five days to leave, after which they may be forcibly removed if they haven’t vacated.

3. Hire a Property Manager

If you own multiple properties or live out of town, hiring a property manager can be one of the best ways to prevent squatting issues. Property managers routinely inspect and monitor your rental units, ensuring they aren’t left vacant or vulnerable. They can also screen tenants thoroughly, respond quickly to unauthorized occupants, and handle legal notices or eviction procedures on your behalf. Having a professional on the ground helps you stay compliant with California’s squatters’ laws while protecting your investment from the risks of squatting.

Hire a Property Manager in California to Protect Your Rental Property From Squatters

Understanding California’s squatters’ rights is essential for every landlord, but you don’t have to manage the risks alone. Hiring a trusted property manager can make all the difference in keeping your rental property secure, especially during tenant transitions or extended vacancies.

At TrueDoor Property Management, our Orange County property management team and Inland Empire property managers help California landlords protect their investments with proactive property inspections, tenant screening, and swift responses to unauthorized occupancy. Our team handles everything from legal notices to eviction coordination, ensuring you stay compliant with state laws and avoid costly delays. Whether you own one property or several, TrueDoor provides the professional support to safeguard your rentals from squatters and keep your business running smoothly. Contact us today to learn how we can help manage and protect your California investment property.