Squatters Rights In California: Everything You Need To Know

Squatters rights in California can surprise even experienced landlords. While it may sound unlikely, someone occupying a vacant property without permission can eventually claim legal ownership through a process called adverse possession. With California’s relatively short five-year requirement, it’s crucial for property owners to understand the law—and act quickly when necessary.

This guide breaks down how squatters rights work in California, what conditions must be met for a squatter to gain ownership, how landlords can prevent these claims, and what legal options are available if it happens. If you’re managing rentals in the Golden State, be sure your investment is protected with landlord insurance.

What Are Squatters Rights?

Squatters rights—more formally known as adverse possession—refer to legal doctrines that allow a person to acquire ownership of a property by occupying it continuously and openly, without the owner’s permission, for a specific period. In California, this period is five years, and the squatter must also pay property taxes during this time.

These laws aim to encourage landowners to monitor and maintain their properties, deterring abandonment or neglect. In effect, they reward people who put neglected properties to use in a visible, consistent, and responsible way. While squatter laws may seem to favor trespassers, they exist primarily to prevent land from sitting idle for years.

Why Do Squatters Have Rights?

You might wonder: why do squatters have rights at all? The principle behind adverse possession is to encourage the productive use of land. If a landowner has ignored their property for years and another individual takes care of it, pays taxes, and treats it as their own, the law may ultimately recognize the squatter’s claim.

Historically, this doctrine evolved from the notion that land should serve a purpose. Governments have an interest in ensuring that all property is utilized rather than left to decay or become a safety hazard. In some cases, squatters who establish stable occupancy help revitalize blighted or abandoned properties—another reason laws like these persist.

What Are The Requirements For Adverse Possession In California?

To successfully claim adverse possession in California, a squatter must meet five legal conditions:

1. Hostile Possession: The occupancy must be without the permission of the property owner.
2. Actual Possession: The squatter must physically occupy the property, treating it as their own (living there, maintaining it, etc.).
3. Open and Notorious: The use of the property must be obvious—not secretive—so that the true owner or neighbors would be aware.
4. Exclusive and Continuous Possession: The squatter must reside on the property alone (not shared with others or the owner) for a continuous five-year period.
5. Payment of Property Taxes: The squatter must pay all assessed property taxes during the five-year period.
   

Missing even one of these requirements can invalidate an adverse possession claim.

Squatters Rights 30 Days: Do They Apply?

A common misconception is that squatters can claim rights after only 30 days. In California, 30 days of occupancy does not grant ownership rights, but it can trigger tenant protections under state landlord-tenant law. This means the squatter cannot be forcibly removed without going through a legal eviction process.

Once someone resides on a property for 30+ days—especially with mail delivery or utility usage—they may be legally classified as an unlawful tenant. In such cases, law enforcement typically won’t remove the person without a court order.

How Do Squatters Rights Work In California?

Squatters must not only meet the five criteria for adverse possession but also navigate the legal system to obtain title. The process generally follows this path:

1. Establish Residency: Live on the property without permission but visibly, exclusively, and consistently for five years.
2. Pay Taxes: Documented proof of tax payments is required.
3. File a Quiet Title Lawsuit: This legal action asks a court to officially transfer ownership to the squatter.
4. Court Review: The judge examines all evidence (tax records, occupancy proof, etc.).
5. Title Granted: If all conditions are met, the court may award legal title.
   

This process can take several months and requires the assistance of a real estate attorney.

Legal Reference For Adverse Possession In California

The rules governing adverse possession are found in the California Code of Civil Procedure § 325. It outlines the specific requirements, including the five-year continuous possession and tax payment criteria.

What Are The Risks For Landlords?

Adverse possession claims are rare, but squatting itself can create serious issues for property owners. Common risks include:

• Legal Expenses: Evictions and quiet title actions can cost thousands.
• Lost Rental Income: While a squatter occupies a unit, the owner cannot rent it legally.
• Property Damage: Unlawful occupants may neglect maintenance or cause vandalism.
• Insurance Complications: Some policies may not cover damages caused by unauthorized occupants.
  

To avoid these pitfalls, landlords should routinely inspect properties, especially between tenants or during extended vacancies.

How To Prevent Squatters

Proactive property management is the best defense against squatters. Here are a few tips:

• Post clearly visible “No Trespassing” signs.
• Change locks after tenants vacate.
• Install security lighting and surveillance systems.
• Check on vacant properties regularly.
• Keep landscaping maintained to show that the property is actively cared for.
  

If you live out of state or can’t monitor the property yourself, hire a local property manager.

How To Remove A Squatter Legally

Removing a squatter requires following California’s formal eviction process:

1. Serve a Notice To Quit: This is usually a 3–5 day notice instructing the squatter to leave.
2. File an Unlawful Detainer Lawsuit: If the squatter remains, you must file suit in civil court.
3. Court Hearing: Both sides present evidence. The judge rules on whether the squatter must vacate.
4. Writ of Possession: If you win, the court issues this document.
5. Sheriff Lockout: Only the sheriff—not the landlord—can physically remove the squatter.
   

Do not attempt a self-help eviction (e.g., changing locks, removing belongings, or shutting off utilities), as it’s illegal and could lead to liability.

Lease Violations And Holdover Tenants

Some squatters start as tenants who stop paying rent or refuse to leave after the lease ends. These are known as holdover tenants. If a landlord continues to accept rent, it may establish a month-to-month tenancy—even without a lease.

To avoid this, clearly define lease terms and termination procedures in writing. Provide proper notice if you do not wish to renew a lease and never accept rent from unauthorized occupants.

What Are The Financial Consequences?

Let’s break down the costs associated with a squatter situation:

• Eviction Filing Fees: ~$500 (plus attorney fees if needed)
• Lost Rent: $1,000–$3,000 per month depending on location
• Repairs: Vandalism, trash removal, and structural damage can run into the thousands
• Security Upgrades: Installing fencing, cameras, or alarms may cost $2,000 or more
  

Factoring in delays and vacancy losses, the total financial impact could exceed $10,000.

What About Color Of Title?

Unlike some other states, California does not require color of title (a flawed deed or document). However, a squatter who possesses such a document might have an easier time establishing their claim. Courts are more likely to rule in their favor if they can show good faith, documented intent to own, and tax payments.

Do Squatters Have To Pay Rent?

No, squatters are not legally obligated to pay rent to the property owner. However, in order to claim ownership through adverse possession, they must pay property taxes consistently for five years.

Can Squatters Claim Government-Owned Land?

No. Adverse possession claims cannot be made against government or publicly owned property in California. These lands are protected from all forms of unauthorized occupation.

What If The Owner Lives Out Of State?

Squatters are more likely to succeed in adverse possession claims if the property owner is absent and does not actively maintain or monitor the property. Landlords who own investment properties in California but live elsewhere should:

• Hire a local property manager
• Schedule quarterly inspections
• Monitor mail and property tax notices closely
  

What States Have Squatters Rights?

All states have adverse possession laws, but California is unique in its relatively short timeline and its requirement to pay property taxes. This makes it one of the more squatter-friendly states if those requirements are met.

Other states may require 10–20 years of continuous occupation, while some have no tax requirement. Always consult local laws for details.

Frequently Asked Questions

Can a squatter claim rights if they’ve only been there 6 months?

No. Five continuous years of occupation is required.

Are police allowed to remove squatters?

Only if the person is actively trespassing (e.g., no utilities, under 30 days). If they’ve been there longer, landlords must go through the courts.

Is it illegal to shut off water or electricity to remove a squatter?

Yes. That’s considered a self-help eviction and can result in penalties.

What if the squatter was tricked by a fake lease?

They may have tenant rights under California law. The landlord must pursue eviction formally.

Can a squatter sell the property?

Only if they obtain legal title through the court.

Does paying utilities count toward ownership?

No. Only paying property taxes counts toward adverse possession.

Final Thoughts For California Landlords

If you’re a landlord in California, understanding how do squatters rights work is critical to protecting your investment. The five-year threshold may seem like a long time—but ignoring a property for even a few months can lead to costly legal headaches.

By securing landlord insurance, staying involved in property management, and acting swiftly when unauthorized occupants appear, you can drastically reduce the risk of losing your property to an adverse possession claim.

Get a fast, affordable quote from Steadily and safeguard your investment today.