Squatters’ rights in California: What your HOA or community should know

What is a squatter?

A squatter is someone living on a property without the owner’s permission and without a lease, rental agreement, or other legal right to be there. Over time, squatters may gain certain protections under California law. That’s why prompt attention from the owner or HOA is critical. Delays can make the situation more difficult to resolve.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Squatters vs. trespassers

Squatters and trespassers both occupy property unlawfully, but there’s a key difference: trespassers are typically there briefly and covertly, while squatters take residence openly and may live there for extended periods. Only squatters can potentially claim adverse possession after meeting specific requirements.
 

Squatters’ rights in California

Squatters’ rights in California are based on a legal doctrine known as adverse possession, which allows someone to potentially gain ownership of a property they’ve occupied for a certain length of time. To successfully claim adverse possession in California, a squatter must meet five key criteria:

1. Continuous possession: The person must live on the property without interruption for at least five consecutive years.
    
2. Hostile possession: Their occupation must be without the owner’s permission.
    
3. Open and notorious: Their occupation must be obvious, not secret.
    
4. Exclusive possession: They cannot share the space with the true owner or the general public.
    
5. Payment of property taxes: They must pay all property taxes for the full five years.

These requirements are strict. Most people occupying a property unlawfully will not meet them. However, if an owner is unaware of a squatter’s presence, issues can escalate. That’s why understanding squatters’ rights in California is so important for HOAs and property owners.
 

30-day squatters’ rights in California

Many people believe that a squatter becomes a tenant in California after 30 days, but that’s not what the law actually says. There’s no rule in state statute that gives tenancy rights just because someone stays for a month. The 30-day idea comes from hotel and month-to-month tenancy laws that don’t apply to unauthorized occupants in homes or condos.

Law enforcement in some areas may stop treating long-term squatters as trespassers after a few weeks, pushing the matter into civil court, but that’s based on local policy, not the law. If the person never had permission to be there, property owners can still serve a notice to quit. The courts look for signs of consent or rent payments, not just time passed, when deciding whether someone has tenancy rights.
 

Local laws: trespassing statutes and recent updates

Under California Penal Code § 602, it is a crime to enter and occupy real property without consent. However, enforcement of trespassing laws can be complicated when someone claims to have lived on the property for months or years. To help with this, property owners can file a “no trespass” letter (also known as a 602 letter) with local law enforcement. This letter gives officers advance authorization to remove unauthorized occupants from the property without needing the owner present.

For years, these letters had to be resubmitted every 30 days. But as of January 1, 2024, Senate Bill 602 amended Penal Code § 602 so owners can keep a trespass authorization letter active for up to 12 months (or 36 months for closed properties) and submit the letter electronically. This change reflects growing attention to the issue of squatters’ rights in California and gives owners more practical tools to respond early.
 

What board members in California can do about squatters

If your HOA suspects someone is unlawfully occupying a unit, it’s important to act quickly, while also complying with California HOA laws. Boards should not attempt to remove squatters themselves, even if the person appears to be trespassing. Instead, your first step should be to contact the legal property owner and recommend they consult a qualified attorney or property law specialist.

Boards may also notify their association management company, particularly if the squatter is violating community rules or creating safety concerns. In some cases, associations can enforce HOA rules under their governing documents, such as restricting access to shared amenities or addressing nuisance behavior, while the legal owner pursues formal removal. Take note of when the person was first seen on the property, any complaints or disturbances, and any interactions with the individual. This record can help the owner or authorities take appropriate action later.
 

How to legally remove squatters

In most cases, removing a squatter in California requires a court process. The legal route is called an unlawful detainer action, which must be filed in the local Superior Court. This process varies depending on the specific situation, but may involve:

1. Serving written notice to vacate the property
    
2. Waiting the required amount of time after giving notice
    
3. Filing a formal eviction lawsuit if the squatter does not leave
    
4. Attending a court hearing and obtaining a writ of possession
    
5. Having the sheriff enforce the eviction order

It’s critical to avoid “self-help” methods such as locking someone out, turning off utilities, or removing their belongings. These actions may be considered illegal under California law and could expose the owner, or even the association, to liability. If the squatter claims a right to stay based on adverse possession, the case may become more complex. In those situations, courts may consider factors like property tax records, duration of occupancy, and property maintenance. That’s why early legal intervention is key.
 

Tips to protect your home or community

Preventing squatters from occupying vacant units or common areas is easier than dealing with their removal. Here are a few smart steps that HOAs and property owners can take:

• Keep properties secured: Vacant homes should have working locks, secure windows, and limited access points.
   
• Monitor for signs of entry: Boards and management teams can watch for open doors, lights at unusual times, or unknown vehicles parked near vacant properties.
   
• Post clear signage: “No Trespassing” signs may support legal action if someone enters unlawfully.
   
• Encourage reporting: Create a process for residents to safely and anonymously report suspicious activity.
   
• Work with management: Your property management company can help spot patterns, respond to concerns, and coordinate with legal counsel if needed.

These steps won’t eliminate all risks, but they can make your community a more difficult target for squatters and help protect owners’ investments.
 

How a property management company can help

A professional property management company can be a key resource in addressing squatters’ rights in California. At FirstService Residential, we work closely with HOA boards and legal counsel to identify risks, document issues, and take appropriate action. We help manage building access, respond to owner and resident concerns, and support compliance with governing documents. With the right support, your board doesn’t have to manage these challenges alone. Contact FirstService Residential today to learn more.