🚨 What to Do with a Squatter in California: A Complete Guide for Landlords

As a  landlord in California, few situations are as stressful and confusing as discovering that someone is living in your property without permission. Whether it's a vacant rental, an inherited home, or an investment property, dealing with squatters can be both a legal and logistical nightmare.

With California’s tenant-friendly laws, squatters can sometimes be difficult to remove, especially if they've lived on the property for a while. But there are legal procedures and preventative strategies landlords can use to resolve the situation and protect their investment.

In this blog, we’ll walk you through:

• ✅ What a squatter is under California law

• 🏠 The difference between squatters, trespassers, and holdover tenants

• ⚖️ The legal eviction process for removing squatters

• 🔐 Prevention tips for landlords and property owners

• 📚 California laws and statutes every landlord should know

• 🔍 SEO keywords to help this article rank

👤 What Is a Squatter?

A squatter is an individual who occupies property without legal ownership or permission. Unlike tenants, squatters do not have a lease or rental agreement. They often take up residence in vacant homes, especially properties that are foreclosed, abandoned, or undergoing repairs.

In some cases, squatters falsely claim to have permission or show fake leases. Others may try to claim adverse possession, a legal doctrine that allows someone to gain ownership of a property under very specific conditions.

🧱 Squatter vs. Trespasser vs. Holdover Tenant

Understanding the difference between these terms is essential for handling the situation legally:

Why it matters:
Your legal course of action depends on which category the individual falls into. For example, you may be able to involve law enforcement to remove a trespasser, but must file for eviction to remove a squatter or holdover tenant.

⚖️ What to Do with a Squatter in California

If you discover someone unlawfully living in your property, do not attempt to remove them yourself. California law forbids “self-help” eviction tactics like changing locks, shutting off utilities, or removing personal belongings.

Instead, follow these legal steps to resolve the situation.

🪪 Step 1: Confirm the Person’s Legal Status

Before proceeding, determine whether the occupant is:

• A trespasser

• A squatter

• A holdover tenant

• Someone claiming tenancy under a fraudulent lease

Check public records, prior lease documents, and speak to neighbors to confirm how long they’ve been on the property. This distinction affects the removal process.

🚔 Step 2: Call Law Enforcement (If Trespassing)

If the person recently entered the property and has no belongings or claim of residency, call your local police or sheriff’s department and report a trespasser.

Officers may remove the person immediately if they confirm there is no tenancy. However, if the individual shows mail, utilities, or a fake lease, police will usually consider it a civil matter, and you’ll need to proceed with a formal eviction.

📄 Step 3: Serve an Eviction Notice

If the squatter has occupied the property long enough to establish residency, begin the eviction process:

• Use a 3-Day Notice to Quit if they have no legal tenancy

• Use a 30- or 60-Day Notice if they had a previous rental agreement or verbal lease

Serve the notice properly:

• Deliver it in person or

• Post it on the property and mail a copy

Keep photographic evidence and a declaration of service for court. 

🧾 Step 4: File an Unlawful Detainer Lawsuit

If the squatter ignores the notice, you must file a lawsuit for unlawful detainer in California Superior Court. We have attorneys that we can recommend for this. This is the formal eviction process used for removing unauthorized occupants.

Steps include:

• Filing a Summons and Complaint

• Paying the court filing fee

• Serving the squatter with legal papers (using a process server or sheriff)

If the squatter doesn’t respond within five days, you can request a default judgment. If they do respond, the court will set a hearing date.

🏛️ Step 5: Win Your Court Case and Obtain a Writ of Possession

If the judge rules in your favor, the court will issue a Writ of Possession, giving the sheriff authority to remove the squatter.

• The sheriff will post a 5-day Notice to Vacate

• If the squatter does not leave, they will be physically removed

• You can then change the locks and regain control of the property

Never remove the person or their belongings until the sheriff executes the writ.

🛑 Never Attempt “Self-Help” Eviction in California

Landlords are prohibited from:

• Locking out squatters

• Turning off water or electricity

• Removing doors, windows, or personal property

• Threatening the occupant

Violating this law can lead to:

• Civil lawsuits

• Fines up to $100 per day of violation

• Potential criminal charges

Always use the legal eviction process.

🏠 How to Prevent Squatters in California

✅ Regular Property Inspections

Visit vacant properties at least once per week. Check for signs of forced entry, tampering, or movement inside the unit.

✅ Install Security Systems

Use motion-activated lights, video doorbells, and cameras to deter squatters and record suspicious activity.

✅ Post “No Trespassing” Signs

Make it clear that unauthorized occupancy is illegal. This can help support a trespassing claim with law enforcement.

✅ Keep Utilities Off in Vacant Units

A squat-ready home with water, gas, and electricity is more attractive to unlawful occupants.

✅ Work with a Local Property Manager

If you don’t live nearby or manage multiple properties, a local manager can keep eyes on your assets and ensure vacant homes are secured.

📚 California Laws Relevant to Squatters

📌 Final Tips for Landlords Dealing with Squatters

• Document everything with photos, videos, and written logs

• Consult a landlord-tenant attorney to ensure proper compliance

• Never confront squatters aggressively — let law enforcement and courts handle the situation

• Be proactive about property security and inspection

If you're managing your own properties, it’s essential to stay up to date on California’s landlord laws to protect your rights and avoid costly delays.

🧠 Need Help with Squatters or Tenant Issues?

Please contact us. We are here to help and offer a free consultation.