Squatters taking over vacant homes is a concern for California property owners. Squatting, also known as “adverse possession,” means moving into a property without the owner's permission. In California, state law addresses the issue of squatters, and in some cases, squatters' rights cannot easily be abridged.

California Squatters Rights

The term "squatters rights" suggests legal possession. Essentially, if a squatter lives in a property long enough, and the owner does nothing about it, he could end up owning that property. The state specifies exactly what a squatter must do to take eventual legal ownership of a property. Generally, to gain possession, a squatter must make property tax payments over a continuous 5-year period.

Dealing With Squatters

According to the San Francisco Tenants Union website, squatting could be a short- or long-term proposition. Occasionally, some jurisdictions may be hesitant to immediately chase squatters off of a property if they have seemingly authentic property claims. Often, a property owner dealing with a squatter must go to court to evict that squatter. In some cases, this process can take several court hearings to sort out squatters' property claims before eviction can occur.

Gaining Tenants' Rights

Some squatters occupy a property to gain legitimate tenants' rights. In such cases, the squatters may attempt to claim a written, oral or implied rental contract with the owner. They also may attempt to gain tenants' rights by claiming to have paid some form of rent by watching over or making repairs to a property. If squatters can gain tenants' rights, they no longer occupy the property illegally. Local landlord-tenant laws would then govern any eviction processes.

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