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You pull up to your Fair Oaks rental, and the porch light you didn’t set is glowing. A bike you don’t recognize leans by the door. If you discover squatters at a vacant property, pause, then act like a pro.
Photograph everything, save any Ring clips, and call local law enforcement to document the entry and the timeline. Don’t change locks or confront anyone; the legal implications under California law can escalate quickly.
As a California property owner protecting real estate investments, your next moves are procedural, not emotional. Shift immediately into the formal eviction path, serve the correct notices, and file so the court can help you establish actual possession and restore control.
This approach preserves your property rights, avoids unnecessary legal complications, and keeps you aligned with what California courts actually enforce.
In short: document, report, and proceed through the lawful process, calmly and quickly.
No Lease, No Permission: How California Law Treats Squatters
Squatters in California who enter without the owner's permission or owner's consent are unauthorized occupants, not tenants.
People sometimes cite California squatter's rights or general squatter's rights laws, but these don’t create a blanket legal right to stay.
For squatters in California, property law says simply being present doesn’t make you an owner or tenant. If there’s no rental agreement or proof of permission, the owner can use the lawful eviction process to regain possession.
Bottom line? Claims alone don’t control; documents and court procedures do.
Adverse Possession: What It Takes to Claim Ownership
Adverse possession in California is a narrow legal principle, not a loophole. To win an adverse possession claim, a person must live on the property openly and continuously for an extended period, keep others out (exclusive possession), act without the owner’s permission (hostile possession), make their use obvious (notorious possession), and usually pay property taxes.
Some squatters claim adverse possession or cite “property squatter's rights,” but without these elements, they can’t gain legal ownership. Under California’s adverse possession laws, only someone who satisfies every requirement can potentially claim ownership. Most cases fail; adverse possession in California is rare and fact-specific.
How the Legal Eviction Process Works in California
When squatters refuse to leave, skip self-help and use the court system.
Step 1: Serve notice. Deliver a notice to vacate or other eviction notice that fits the situation. This starts the legal eviction process and shows you followed state laws.
Step 2: File in court. If they stay, file an unlawful detainer lawsuit. As of 2025, the defendant has 10 court days to respond. You’re asking a judge to confirm your ownership rights and order the return of possession; the ownership of the property remains with the rightful owner.
Step 3: Enforce the order. After a hearing or default, the court issues an order that the Sheriff enforces to evict a squatter lawfully. After the court issues the order, the Sheriff posts a 5-day Notice to Vacate. If the occupants remain after five days, the Sheriff completes the lockout to evict a squatter lawfully.
This formal eviction process protects due process and limits legal repercussions. Follow the paperwork, meet deadlines, and coordinate with counsel or your property manager for a clean, enforceable result.
Preventing Squatters: Practical Steps That Work
Prevention is cheaper than eviction. To prevent squatters, keep the place “lived-in” (lights on timers, picked-up mail), lock all entries, post “No Trespassing” signs, add cameras/alarms, and schedule regular property inspections.
Work with a reputable property manager to patrol vacant properties and respond quickly under squatting laws.
Keep a legal document trail, lease, notices, and proof of ownership ready; it helps police and courts if someone tries to claim squatter's rights.
For truly vacant homes, file a notarized trespass authorization (“602”) letter with the Sacramento County Sheriff (valid up to 12 months). It helps deputies act quickly on clear trespasses, while you follow the legal process to evict squatters when needed.
FAQ
Do squatters gain legal ownership by staying?
No, without meeting California’s adverse possession requirements, they cannot gain ownership or claim legal ownership.
What should property owners dealing with unauthorized occupants do first?
Document everything, serve proper notice, and begin the formal eviction process; never use self-help.
Can someone successfully claiming adverse possession take my home?
Only if they prove actual, open, exclusive, hostile, and continuous possession, plus payment of property taxes, can they gain ownership or claim legal ownership; most claims fail in court.
Take Back Your Property—Legally
Use the legal process, not shortcuts. Serve proper notice, file the unlawful detainer, follow court rules, and secure a court order; then the Sheriff can remove squatters. For speed and fewer errors, partner with a property management company that knows Sacramento County.
JTS Property Management handles notices, filings, and Sheriff coordination so you regain control fast. Contact us to get started!
Additional Resources
2025 Leasing Compliance for Sacramento County Landlords: AB 2747 & SB 611 Explained
