FREQUENTLY ASKED QUESTIONS

• Tenant – A resident with a legally binding lease agreement from the landlord.
• Subtenant – A tenant renting from another tenant under a legally enforceable agreement.
• Holdover Tenant – A tenant who remains after their lease has expired.
• Tenant At-Will – A property occupant without a formal lease but with the landlord’s or tenant’s consent.
• Trespasser – An individual occupying a property without consent or a lease agreement, without having established residency.
• Squatter – Someone who has established residency without permission or a lease.
• Guest – A temporary occupant staying with the owner’s or tenant’s consent.

A trespasser is someone illegally occupying a property for less than 30 days without consent. Law enforcement can remove trespassers for free, but a break-in must typically be proven for an arrest to occur.

A squatter is someone who has occupied a property for 30 days or more without consent. However, squatters do not need to physically live there for 30 days—only provide documentation (real or fake) supporting their claim. If law enforcement finds their claim plausible, they will be granted tenant rights, making removal more difficult. Police Training Bulletin 84-05 says: “If any material showing a right to possession is produced, however arguable it may be, the burden shifts to the property owner or agent to prove the elements required for a trespass violation. . . should not presume a person to be a trespasser.”

A holdover tenant is a former tenant who stays without paying rent after their lease expires. They can invite squatters or unauthorized tenants, making property security more challenging.

A tenant at-will has occupied a property for at least 30 days without a formal lease but with prior verbal or implied consent. Unless proven otherwise, consent is assumed.

A Bay Area squatters' gang, referred to as “The Ring,” systematically profits from squatting. They primarily target for sale properties, operate in secrecy, moving between locations and using three primary money-making methods:

1. Cash for Keys – Getting paid by property owners to leave.
2. Subleasing/Renting – Using fake lease agreements to collect rent.
3. Selling Property Materials – Stripping homes of valuable items, such as appliances or copper piping.

Not always. Some squatters are victims of rental scams, unknowingly paying rent to individuals posing as landlords. Common scams include:

• Fake rental agreements.
• Unauthorized subleasing.
• Bogus rent-to-own contracts.

Squatters often remain undetected during the first 30 days to establish a legal claim. Many will:

• Only stay at night and leave during the day.
• Avoid drawing attention to themselves.
• Gradually bring in personal belongings.

The only sure way to confirm squatters is continuous surveillance.

Law enforcement typically will not remove squatters unless:

• There is proof of trespassing (recent break-in evidence).
• They are caught committing a felony (theft, vandalism, etc.).

Otherwise, police often classify squatters as civil matters, granting them tenant rights, which complicates removal.

Absolutely not. Many squatters have criminal backgrounds, gang affiliations, or violent histories.

• Some are repeat offenders, experienced in squatting tactics.
• Even female squatters can be dangerous, often having violent male associates.
• They have nothing to lose—you have everything to lose.

No. Any self-help eviction (changing locks, shutting off utilities, or physical removal) is illegal in California. Landlords can face fines or jail time for unlawful eviction attempts.

Attempting to reason with squatters can backfire—alerting them to your intentions often makes removal harder. Squatters may:

• Permanently camp inside the property.
• Invite more squatters to ensure someone is always present.

Paying squatters does not guarantee they will leave. Many make a living from squatting and will:

• Take the money and refuse to leave.
• Spread the word to other squatters that your property is a payout target.

Squatters from The Ring may vacate temporarily, only for new squatters to arrive within 24 hours.

The lease agreement determines their legal status:

• If the lease prohibits additional occupants, removal is easier.
• If no such clause exists, the new occupants could qualify as tenants at will, subtenants, or squatters, making eviction more complicated.

They may qualify for Adverse Possession, legally claiming ownership of your property if they meet these three conditions:

1. Occupied the property for at least 5 consecutive years.
2. Made improvements or cultivated the land.
3. Paid state, county, or municipal property taxes for those 5 years (CCP § 318, 325).

Yes. Squatters frequently break back in after removal.

• If law enforcement or courts granted them tenant rights, they can legally break in if locked out.
• Squatters often become hostile and aggressive when removed.

Eviction success is not guaranteed, but courts typically favor property owners. However, it is:

• A slow process (minimum 35 days, often months).
• Expensive (legal fees, sheriff eviction fees, and lost rental income).
• Risky, as squatters may retaliate by damaging the property before leaving.

The absolute minimum eviction timeline follows these steps:

1. 3-Day Notice – Some cases require 30 to 60 days, depending on the situation.
2. Process Server – Minimum 2 days to deliver an Unlawful Detainer lawsuit.
3. Unlawful Detainer Filing – Minimum 2 days for court processing.
4. 5-Day Response Period – If the squatter files a response, eviction is delayed.
5. Default Judgment (If No Response) – Minimum 2 days (often denied in squatter cases).
6. Trial – Typically scheduled 20+ days later, sometimes months.
7. Sheriff Writ of Possession – Minimum 21 days for a sheriff-assisted eviction.

Estimated Minimum: ~35 Days.
Realistic Timeline: 12–18 Months for career squatters exploiting the system.