Picture this: You're driving by your rental property for a routine check when you notice something's off. The lights are on, there's furniture on the porch, and someone you don't recognize is watering plants in your front yard.
You guessed it. Strangers have moved into your property without permission.
For California property owners, this nightmare situation is actually far more common than you'd think.
With over 75,000 vacant homes in San Diego County alone and a growing homeless population, squatting incidents are on the rise. Making things worse, California's laws tend to give leeway to squatters, making removal a lengthy and often expensive process.
2025 brought some important changes to California squatters' rights law, giving property owners more tools to protect their investments from both temporary squatters and long-term adverse possession claims.
Let’s take a closer look at these updates and how you can protect your rights as a property owner while staying clear of any illegal evictions.
What Are the Legal Protections for Property Owners Against Squatters in California?
For many years, squatter scenarios could end up lost in the court system. California finally threw property owners a lifeline in 2024 with Senate Bill 602, which took effect on January 1st.
Bill 602 addresses one of landlords' biggest frustrations: the constant paperwork battle with local law enforcement when dealing with squatters.
Before SB 602, if you wanted police help removing trespassers, you had to file a "602 letter" (also called a trespass letter) with your local sheriff's department every 30 days.
If you happen to miss that deadline by even a day, you’d have to start over. This runaround often lets squatters continue living in a property, long after the owner demanded they leave.
Now, these trespass letters remain valid for a full year, and you can file these letters electronically, making the process much more convenient. For permanently closed properties that are properly posted, the authorization extends to three years.
What Does Bill 602 Change for Property Owners?
Here's what Bill 602 does in practical terms: If squatters return to your property within that year, law enforcement can remove them immediately without requiring a new letter. This equips owners with much more leverage against repeat offenders who might otherwise play the system.
The bill also allows you to designate agents (like property managers) to file these letters on your behalf. This can be extra helpful if you're an out-of-state owner or manage properties through a management company.
But for all its added benefit, it’s also important to know what SB 602 doesn't do. It doesn't make squatting a criminal offense (something Florida recently accomplished), and it doesn't speed up the formal eviction process for established squatters.
In fact, some recent changes have actually extended certain notice periods to 90 days, giving squatters more time before formal eviction proceedings can begin.
The California Legislature recently rejected AB 897, which would have made squatter removal much easier by treating it as a criminal matter rather than a civil one. Opponents argued this could worsen the homelessness crisis in California, but left property owners dealing with lengthy civil court processes.
Limitations aside, SB 602 does show that real progress is being made. It shows the state recognizes that property owners need better tools to protect their investments against both immediate squatting and potential adverse possession threats.
Related: California Evictions | Laws and Protections
What Are California’s Adverse Possession Laws and Requirements?
California has some of the most permissive adverse possession laws in the country. While most states require squatters to occupy property for 10, 15, or even 30 years before claiming ownership, California only requires five years.
Don't panic, though. Successfully claiming adverse possession is incredibly difficult and rare. The squatter must meet five strict requirements simultaneously for the entire five-year period:
- Continuous and Uninterrupted Possession: The squatter must live on the property every single day for five years straight. Even a brief absence can reset the clock entirely. They can't just visit occasionally or use it for storage.
- Hostile or Adverse Possession: This doesn't mean aggressive behavior. In legal terms, it means the squatter is there without your permission and against your ownership rights. If you've ever given them permission to be there (even informally), their claim fails.
- Actual Possession: They must physically live on and use the property as if they own it. This means treating it as their primary residence, maintaining it, and making improvements.
- Open and Notorious: Their presence must be obvious to anyone, including you, as the owner. They can't hide their occupation. Neighbors should be able to see that someone is living there.
- Exclusive Possession: The squatter can't share the property with you or anyone else. They must be the sole occupant.
Why do these laws exist at all? The concept dates back centuries and was designed to ensure productive land use.
The thinking goes: if you abandon your property completely for years while someone else maintains it, improves it, and pays taxes on it, maybe they deserve to own it.
Most squatters can't or won't pay property taxes for five years straight, and property owners typically discover and evict them long before they can establish a claim.
What Are The Steps For Evicting Squatters In California?
When you discover someone on your property, your first call should be to the police. Not to start an eviction, but to determine what you're dealing with.
Law enforcement will assess whether the person is a trespasser (who can be removed immediately) or a squatter (with certain legal protections and potential adverse possession rights).
Should law enforcement determine that you are dealing with a squatter, there is a specific process that you’ll want to follow:
Step 1: Document Everything You Can – As Quickly As You Can
Before you start taking any legal action, you’ll want to take the time to gather all possible evidence of the unauthorized occupation.
This will typically include taking photos and video showing the squatter’s belongings in your property, any changes that they may have made to the home, and other evidence of their presence on their land.
While you collect evidence, make sure to document any conversations you have with the squatters, as this will be used and key if adverse possession claims go to court.
Step 2: Serve a Notice to Quit
California law does require property owners to give squatters formal written notice before starting any eviction proceedings. For most California squatter situations, you'll serve a 3-Day Notice to Quit, which allows them three days to vacate the property voluntarily.
This notice must be formatted correctly and served in accordance with California law. You can serve it personally, post it in a conspicuous location on the property, or deliver it through a process server. Maintain detailed records of how and when you served the notice.
Step 3: File an Unlawful Detainer Lawsuit
What if the squatter doesn’t leave after the Notice to Quit expires? If this occurs (which often does), your next step is to file an unlawful detainer lawsuit in the superior court.
This includes a complaint that details your property ownership, proof that you properly served the notice, and evidence that the squatter is unlawfully occupying your property.
Filing fees typically range from $240 to $435 – which will depend on the amount of value you’re claiming on your property.
Step 4: Serve the Lawsuit
The court will issue a summons that must be served on the squatter by the sheriff or an authorized process server. The squatter then has 10 days (a recent increase from 5 days due to AB 2347) to file a response with the court.
If they don't respond within 10 days, you can request a default judgment. If they do respond, the court will schedule a hearing within 20 days where both sides can present their case.
Step 5: Obtain Court Order and Sheriff Enforcement
Should you win your case, the judge will issue a judgment for possession and a writ of restitution. Only the sheriff can physically remove squatters from your property. Remember, you cannot do it yourself!
The sheriff will post a notice giving the squatter five days to vacate voluntarily. If they don't leave, the sheriff will return and physically remove them and their belongings from the property.
The entire process typically takes 30-45 days minimum, but can stretch much longer if the squatter contests the case or if the court has a backlog.
Total costs often run $3,000-$8,000 when you factor in filing fees, process server costs, attorney fees, and lost rent. Proper property management accounting helps you track these expenses for tax deductions and insurance claims.
Related: California Landlord Tenant Rental Laws | Know Your Rights
What Are The Potential Challenges In Enforcing Squatters' Rights In California?
Even with recent improvements, California property owners still face challenges when it comes to handling squatter situations. Knowing what obstacles may arise – and how to avoid them – can help you move through the process more quickly and avoid unintended consequences.
Extended Notice Periods
One of the key developments for 2025 is the extension of many notice periods to 90 days before formal eviction proceedings can begin. This means squatters can potentially occupy your property legally for three months before you can even start the court process.
Professional Squatters
Some individuals have turned squatting into a sophisticated operation – specifically targeting properties where they might eventually pursue adverse possession claims.
They know exactly how to exploit California's tenant-friendly laws, and they may present fake leases or claim oral rental agreements to confuse law enforcement and delay removal.
These "professional squatters" research properties with tax issues or properties owned by landlords with poor eviction records. They may even file false legal documents to cloud the title or claim ownership. Some have been known to change locks and even try to collect rent from unsuspecting tenants.
Documentation Requirements
When it comes to squatters in California, the burden of proof lies with the property owner. You will have to prove your ownership, demonstrate that you followed the proper notice service. Even small documentation requirements can end up delaying your squatter case for weeks if not months.
Vigilante Services
Because of the slow legal processes, many California property owners have started to turn to squatter hunters” or removal services that promise faster results. These services may have built a reputation online for success, but many operate in legal gray areas, and their actions could end up exposing you to liability.
How To Prevent Squatters in California
The best defense against squatters? The key is to put elements in place that will help ensure that squatters can’t take up residence in your property in the first place.
Work To Keep Your Properties Occupied Consistently
While you may have changes in occupancy, you want to make sure any gaps are short. Vacant properties are magnets for squatters, particularly those that may appear abandoned or neglected.
If you’re currently between tenants, consider hiring a property sitter or caretaker who can help you keep up the appearance of habitation. When you do find new tenants, make sure to have a comprehensive rental lease agreement that defines occupancy terms and prevents unauthorized subletting.
Keep Up With Regular Inspections
Another great way to prevent squatters is to schedule weekly drive-bys and monthly inspections of any vacant properties. Keep an eye out for the tell-tale signs of unauthorized entry, such as broken locks, new furniture, unexpected mail delivery, or utilities being used.
Secure All Property Entry Points & Post Clear Signage
One of the ways squatters get into properties in the first place is through low security (or no security). You’ll want to install high-security deadbolts and security bars or other security methods that will keep squatters from gaining unauthorized access.
It may seem simple, but simply placing "No Trespassing" signs at all entry points can help establish legal boundaries. Plus, having these in place will support your case if you end up pursuing trespassing charges.
Invest In Professional Property Management
Sometimes, you simply don’t have the time or resources to visit your vacant properties on your own consistently. This is when hiring a property management company to handle your vacant properties is a huge help.
Professional managers will handle those elements that can prevent squatters – regular inspections, handle maintenance, and more. Often, the property management fees are far less than a single eviction case.
Related: Arizona Squatter’s Rights | Laws and Protections Guide
Protect Your Properties By Staying Aware of Squatters' Rights in California
The changes to California squatters' rights law in 2025 are taking steps to give property owners a bit more to work with in squatter situations. However, the state’s continued tenant-friendly approach means your best bet is prevention.
If you're trying to figure out how to manage a rental property more effectively – or finding it difficult to keep up with inspections and tenant placement – professional property management services can provide oversight to prevent squatter situations before they start.
Don't let squatters turn your investment into a liability. Take proactive steps today to protect your property rights and maintain profitable rental operations in California's challenging legal environment.
Ready to protect your California properties from squatters and streamline your rental management? TenantCloud's comprehensive property management platform helps you stay on top of vacant properties with automated reminders, tenant screening tools, and seamless lease management.
Start your free 14-day trial today and discover why thousands of property owners trust TenantCloud to safeguard their investments.
