California Squatter Laws
California squatter laws allow an individual to make an adverse possession claim if they live on, maintain, and pay taxes on an unoccupied property for 5 years.
Written by R.E. Fulton
Reviewed by Melanie Reiff
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If you own property in California, it’s important to understand squatter laws in your state. Under California law, squatters can make an adverse possession claim on a property after five years of continuous use and maintenance—but they must pay property taxes for that whole period.
Squatting has a negative reputation in the United States—but you might be surprised to learn that it’s perfectly legal in many cases! For anyone without stable housing, that could be good news, but for anyone who owns unoccupied property, it’s a potential legal headache.
That’s why
car
and home insurance super app Jerry
has created a guide to squatter laws in California. We’ll cover the legal definition of squatting along with the requirements for an adverse possession claim, and offer some common-sense tips for protecting yourself from squatters in the Golden State. Let Jerry find you the best homeowners insurance policy for your needs
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Who’s considered a squatter in California?
In California, squatting refers to living in any foreclosed, abandoned, or unoccupied property without the express and lawful permission of the rightful owner.
Since the 1850s, the US government has passed laws to define squatter’s rights. These laws make a clear distinction between legal squatting and illegal acts, like criminal trespass.
Squatting vs. trespassing vs. holdover tenants
So what is the difference between squatting and trespassing? Simply put, the difference lies in whether or not the property is occupied and whether or not the owner has told squatters they’re unwelcome.
If someone takes up residence in your home without your permission while you’re living there, that’s trespassing.
Likewise, if you’ve clearly posted signs against trespassing and informed individuals that they’re not welcome to stay on the property, anyone squatting there can be hit with a criminal trespassing charge. But if the property is abandoned and the individual living there has no reason to know that they’re not welcome, it’s not necessarily a case of trespassing.
What about holdover tenants? If tenants remain in a home or apartment after their lease has expired, it could be considered trespassing—but if they continue paying rent and the landlord accepts it, they’ll become tenants at will.
MORE: How to choose the right kind of home insurance for you
Adverse possession laws in California
In cases of squatting, California’s adverse possession laws allow individuals to lay a legal claim to a property against the original owner’s rights. In order to qualify for adverse possession, the individual must be able to show five years of continuous use, maintenance, and improvement. They must also
pay property taxes
and meet the following five requirements. Hostile possession
Although it sounds a bit aggressive, hostile possession essentially means that the individual doesn’t have the rightful owner’s permission to live on the property. That could include cases where the trespasser is aware that the property belongs to someone else, but it also covers cases of what the law calls “simple” or “good faith” occupation where the individual doesn’t realize their occupation isn’t lawful.
Active possession
In order to meet the requirements of an adverse possession claim, a squatter must have active control over the property. In other words, they need to live on it and use it as an owner would. This includes making improvements, such as landscaping, or handling routine maintenance and repairs.
Open and notorious possession
If the squatter has been hiding their presence on the property, they can’t make an adverse possession claim. But if they’ve been living there openly, in a way that makes it obvious to anyone who visits (including the property owner), they’ve got part of the basis for a claim.
Exclusive possession
In some cases, squatting is a group activity in which lots of strangers occupy a property together. California won’t recognize an adverse possession claim under those circumstances, or if the squatter is sharing the property with the rightful owner—instead, they must be in exclusive possession of the property for five years.
Continuous possession
This is essential: the squatter must be in continuous possession of the property for five years, and during that time they must pay any state, county, or municipal taxes levied against the property.
The five-year time span is shorter than most states—meaning that squatter’s rights are stronger in California than in many other parts of the country!
Key Takeaway An adverse possession claim requires five years of continuous residence, use, or improvement, along with five years of property taxes.
Does California honor color of title claims?
Some states recognize so-called “color of title” claims, which don’t require squatters to provide complete paperwork for an adverse possession claim. However, California is not one of them: squatters must provide all the necessary paperwork in order to process a claim.
How to protect yourself from squatters
Although squatters enjoy certain legal protections in California, you can protect yourself and your property from the legal challenges that squatters bring using these simple tips:
- Visit often: If you’re away from your property for long periods, it’s easier for squatters to take possession.
- Install locks and alarms: If you’re not living in your property full-time, a decent security system and locks on all windows and doors can prevent unwanted entry.
- Post “no trespassing” signs: Remember, establishing that squatters are unwelcome can prevent a lawful adverse possession claim.
- Pay property taxes promptly: Because property taxes are an essential ingredient for any adverse possession claim, paying your taxes on time can prevent others from laying claim to your property.
If squatters do attempt to take possession of your property, you have a few options. The simplest approach, of course, is to inform them of the property’s ownership with a written notice and ask that they leave. However, if they resist, you can offer to rent the property to them or, in extreme cases, contact the local sheriff or file an unlawful detainer suit to evict them from the property.
Be cautious, though—some actions could actually put you in serious legal jeopardy. It’s best not to turn off utilities or threaten squatters personally. Instead, follow the proper legal channels to have them removed from your property.
How to find affordable home and car insurance in California
Whether you’re looking for an affordable place to rent in California or trying to maintain multiple properties without squatters, insurance super app
Jerry
can help you get the savings you need. Whether you’re looking for home, renters, or car insurance, using the Jerry app is easy. Just input your information, wait about 45 seconds, and you’ll get customized quotes from some of the nation’s top providers. Depending on your situation, the savings can really add up—for car insurance alone, Jerry users save an average of $887 a year!
“Jerrylet me customize my preferred auto and renters insurance so that I saved $100. I never even considered looking into Travelers but now they’re my policyholders! This app rocks.” —Jamie A.
Let Jerry find you the best homeowners insurance policy for your needs
* checking your rate won’t affect your credit score
Shop Now
* checking your rate won’t affect your credit score
FAQs
How long can squatters stay in California?
In theory, squatters could stay on an unoccupied property in California indefinitely, but in order to make an adverse possession claim, they must stay on the property for five years, improve the property, and pay property taxes for the whole period.
Do squatters have to pay property taxes in California?
Yes—in order to legally lay claim to a property they’re occupying, squatters in California must pay property taxes for five years.
Is it illegal to squat in a home?
Not necessarily. While trespassing is a criminal offense in the United States, squatting can be legal under certain circumstances if the property is abandoned, unoccupied, or foreclosed and the owner has not established that squatters are unwelcome.
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