FREQUENTLY ASKED QUESTIONS

Squatters often hide their presence until they have proof that they have been living at the property for 30 days. Many squatters will only stay at the property at night & leave in the morning within the 1st 30 days. The only way to know for sure is to hire 72 hour continuous surveillance on the property.

Often just speaking to a squatter can increase the difficulty of removal. Squatters often become hermits who will camp 24/7 once they are aware that the owner is actively trying to get them out of the property. Squatters often invite other squatters to insure someone is always at the property. It's far easier to remove comfortable squatters who are oblivious to an informed owners intentions.

A squatter is someone with the intent to occupy a property they do not own. Squatters often present false documentation of legally occupying the property, however there are squatters that occupy a property under false tenant or owner pretenses. Police & courts can legally determine an occupant is a trespasser or a squatter. Trespassing is a criminal offense whereas squatting can be legal if the landlord has not clearly established that squatters are unwelcome at their property. Squatters have rights & require court action, such as eviction, for police to remove them. Trespassers have no rights.

Unless you have direct evidence the occupant(s) are trespassers or committed a felony, calling the police often makes the situation far worse. The act of breaking into or damaging your property will most often not suffice as squatters will often pose as tenants making these matters civil issues & the police will often give squatters tenant rights which will make removing them far more difficult.

No, a prior tenant still occupying a property is considered a holdover tenant. We also provide services to remove holdover tenants under specific circumstances. It's important to note that a holdover tenant can invite tenant at-will or squatters to live at the property, further complicating securing the property.

In every circumstance a landlord or landlord relation, such as an employee, will violate California laws in an attempt to remove a squatter. Physically removing squatters, changing the locks, turning off utilities, & even preventing squatters from access to the property can result in the landlord going to jail.

We are able to remove all squatters, however depending on your lease agreement will determine if they are considered a tenant at-will, squatter or a guest. If your lease agreement does not specify no other occupants are allowed to live at the property then removing them could be difficult. Contrary the owner should be entitled to sue the tenant if your lease does specify no other occupants.

There is no guarantee that a house occupant will leave after payment and there are many squatters that make a career from cash for keys & subleasing properties they don't own. Even if the home occupants leave the property and don't come back, illegal occupants (especially squatters) often tell others about their past locations & who paid them to leave.

If squatters file a quiet title action in court for adverse possession then they may no longer be considered squatters if they meet these 3 requirements:

• They have occupied the property for at least five consecutive years. 
• They have cultivated or improved the land or property.
• They have payed all state, county, or municipal taxes on the property for as long as they have lived on the property (CCP § 318, 325).

In my experience more than 50% of squatters are desperate & violent when faced with a confrontation. Most squatters you will encounter are not 1st time home invaders & have more experience squatting than owners have dealing with squatters. Many squatters commit crimes, are gang members & felons; some are even fugitives. Even woman squatters are dangerous, many are violant but most have violent men in their contacts. At the end of the day, they have nothing to lose & you have everything to lose.

Going to court isn't a success guarantee, but nothing in life is. The vast majority of the time court will permanently get the squatter(s) out of the property. However court is a slow process with a minimum of a 28 day, often courts will afford squatters with tenant rights taking multiple court hearings & requiring an eviction. Not to mention the cost of an attorney to ensure success. Loss of rent & sales price cuts is inevitable. Squatters don't care about having an eviction on their record & its very common for squatters to damage the property out of revenge days. Property owners rarely are able to obtain justice. Even if the police are willing to charge the squatters, without their full name, date of birth & a known location law enforcement won't be able to make an arrest.

Yes, its very common for squatters to break back into the property. Most squatters are quick to become hostile after seeing their belongings outside of what they deem their homestead. If police or a court has granted them tenant rights they can legally break into the property to gain access.

• Tenant: An established resident with a legally enforceable lease to the property. 
• Holdover Tenant: A tenant that remains at the property after an expired lease agreement.
• Tenant At-Will: A tenant who is not a renter or possesses a lease but obtained an agreement from the owner / tenant to live at the property with absence of owner disapproval.
• Subtenant: A tenant has a legally enforceable lease from a tenant instead of the owner.
• Squatter: An occupant who has established residency without consent or a lease.
• Guest: An occupant who has consent from the owner or a tenant for temporary residence.
• Trespasser: An occupant who has not established residency, has no consent or a lease.

The absolute soonest that a squatter can be removed from a property through the eviction processes is with these steps:

• 3 Day Notice: This is the minimum notice with many needing to be 30 to 60 days depending on the situation.

• Unlawful Detention Lawsuit: Minimum 2 days for the court to process the unlawful detainer. No court issues unlawful detainers on the same day they are filed.

• Process Server: Minimum of 2 days for a process server to come to the property and serve the unlawful detainer.

• 5 Days Response: The squatter has 5 days to file a response with the court, which depending on what they file can dramatically delay the eviction process.

• Default Judgement: If the squatter fails to respond within the 5 days a default judgement can be request which will take a minimum of 2 days for a judge to rule. The vast majority of the time default judgements are denied, especially when it comes to squatters. Unless you have direct evidence that a squatter is living in your property, was notified & failed to respond within 5 days the default judgement will be denied.

• Trial: Minimum 20 days, the vast majority of trails are set out over a month in advance. Majority of situations will require more than one hearing before the eviction is finalized.

• Sheriff Writ of Possession: Minimum 21 days to schedule the sheriff to come out and evict. 

Do not forget about all the fees involved with these steps. There are fees for the filing of the unlawful detainer, the process server & the sheriff writ of possession. And most importantly the attorney fees. Removing a tenant will take even longer, requiring more steps.