New California Bill Would Strengthen Property Owners Rights Against Squatters

For years, California has held some of the most friendly squatter rights in the country. The vast majority of states require tenants to live in properties for at least 10 years and pay taxes on them to have some sort of claim on them, with Texas and New Jersey requiring 30 years as the minimum for claims. However, California only requires five years, tied for the second lowest with Montana and Nevada, with only Arizona requiring less with three years.

Even more, California law makes it hard for property owners to eject squatters swiftly, with those living on the property not even needing certification of documentation to avoid being evicted. In fact, only three major requirements need to meet a successful adverse possession claim: occupying the property for at least five years, cultivating or improving the land/property, and paying all associated taxes during their occupation. In addition, squatters need to be open about living there and not hide it, they can’t have a lease with the owner, and they can’t share possession of he property. In turn, property owners are limited with what they can do with squatters, and cannot shut off utilities, change locks, or attempt other ‘self-help’ eviction measures.

“Squatters can claim property after having lived on it continuously for 5 years,” states World Population Review. “During this time, the trespassing person must have paid property taxes. They also need to make improvements on the property, and the owner has to know they are there without trying to conceal their presence. The owner must not have tried to evict them either.”

If squatters are there with the owners knowledge and consent, it also becomes more complicated, as it only takes 30 days to be considered a tenant.

“While squatters cannot claim ownership after just 30 days, there is a provision in California law that grants tenancy rights to occupants who have resided in a property for more than 30 days with the owner’s knowledge and consent,” explains Martinez Law Center. “This means that if a squatter has been living on your property for over a month, and you’ve failed to take action, they may be considered a tenant, requiring a formal eviction process to remove them.”

For owners, the eviction process of squatters can be lengthy and requires jumping through multiple hoops. Wanting to reduce the number of squatters and improve property owner rights, Assemblyman Carl DeMaio (R-San Diego) introduced Assembly Bill 897 last month in Sacramento.

According to AB 897, the bill would state the intent of the Legislature to enact subsequent legislation protecting property rights and removing squatters from leased properties. Amongst other things, AB 897 would create an arrest process for squatters, would finally require certification of documentation by squatters to not be removed by authorities, and  would legally define what unlawful squatting is. While it doesn’t increase the number of years needed for squatters to claim a property, it would strengthen laws in favor of property owners.

“Unfortunately, California state laws basically prohibit any help for property owners, and my bill would change that. It would uphold private property rights and it would end squatting in our state,” said Assemblyman DeMaio of his bill. “We have to put an end to this insanity. We need to have an expedited process for removing squatters from properties where they’re trespassing so that property owners are not continually victimized.”

AB 897 has yet to be heard in any assembly committee so far this year. However, if successful, AB 897 could lead to even stricter measures against squatters in the future in California.