To evict a squatter in California, you must go through the same unlawful detainer process used for tenants — there is no shortcut. You cannot simply call the police and have a squatter removed (unless they recently broke in). The legal process starts with serving a 3-Day Notice to Quit, filing an unlawful detainer if they refuse to leave, and obtaining a court judgment followed by a sheriff lockout.
Is a Squatter a Tenant Under California Law?
In California, anyone who has been living in a property — even without permission — can claim tenant status if they have been there long enough and can show the occupancy was open and continuous. This is why acting quickly is critical. A person who broke in last week is easier to remove than someone who has been living there for months and paying utilities in their name.
Can the Police Remove a Squatter?
Police can remove a squatter if the intrusion is very recent (typically within the last few days) and you can clearly prove you are the property owner. In practice, once a squatter has been in a property for more than a few days, police departments in Riverside and San Bernardino counties will typically treat it as a civil matter and direct the owner to file in court. Do not wait to find out which category applies — contact us and the police simultaneously.
The Squatter Eviction Process Step by Step
First, serve a 3-Day Notice to Quit (not a Pay or Quit — squatters are not owed a chance to pay rent). If they do not leave within three days, file an unlawful detainer lawsuit at the appropriate superior court. Once served with the summons and complaint, the squatter has five business days to respond. If they do not respond, request a default judgment immediately. Once the court grants possession, obtain a Writ of Possession and coordinate the lockout with the county sheriff.
What About Adverse Possession?
California’s adverse possession law allows someone to claim legal ownership of property they have occupied openly, continuously, and hostilely for five years — while also paying property taxes on it. In practice, adverse possession claims by squatters are rare and difficult to prove. But the longer a squatter remains, the more ammunition they have to delay proceedings in court. Remove them quickly.
Protecting the Property While the Case Is Pending
Document everything: take dated photos and video, note the date you discovered the occupancy, and keep records of any communications with the squatter. Do not turn off utilities to force them out — that is an illegal self-help eviction under California law and will hurt your case. Maintain the property normally and proceed through the court process.
951 Evictions handles squatter removal throughout Riverside and San Bernardino County. Call or text us at (951) 580-0388 for immediate guidance on your situation.
Frequently Asked Questions
How do you legally remove a squatter in California?
Unless the squatter entered and left in a short period (allowing police to treat it as a criminal trespass), landlords must use the formal unlawful detainer process in California Superior Court — even for squatters. Self-help removal such as changing locks or removing belongings is illegal.
Do squatters have legal rights in California?
Once a squatter has been occupying a property for some time, courts may treat them as an unlawful occupant entitled to the unlawful detainer eviction process. California is one of the more squatter-friendly states; removing a squatter typically requires filing an eviction lawsuit.
How long before a squatter can claim adverse possession in California?
California requires a squatter to occupy property continuously for five years, pay property taxes, and meet other legal requirements before they can file an adverse possession claim. While rare, it is a risk if no action is taken for years.