General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Adverse possession takes five years of open, continuous and hostile possession.
- The occupant must also have paid all property taxes assessed on the land during those five years.
- Police may treat a recent entry without permission as trespass, but once an occupant claims to be a tenant, owners usually need an unlawful detainer case to remove them.
California makes adverse possession hard to win: the occupant needs five years of open, continuous possession and must pay the property taxes for that whole time. Removing someone who claims to be a tenant usually still goes through the courts.
California squatters rights at a glance
| Rule | California | Law |
|---|---|---|
| Adverse possession period | Adverse possession takes five years of open, continuous and hostile possession. | Code of Civil Procedure section 325 |
| Paying property taxes | The occupant must also have paid all property taxes assessed on the land during those five years. | Code of Civil Procedure section 325 |
| How owners remove occupants | Police may treat a recent entry without permission as trespass, but once an occupant claims to be a tenant, owners usually need an unlawful detainer case to remove them. | Penal Code (trespass) and Code of Civil Procedure (unlawful detainer) |
Adverse possession
An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.
Adverse possession period. Adverse possession takes five years of open, continuous and hostile possession. (Code of Civil Procedure section 325)
Paying property taxes. The occupant must also have paid all property taxes assessed on the land during those five years. (Code of Civil Procedure section 325)
Removing an unauthorized occupant
How owners remove occupants. Police may treat a recent entry without permission as trespass, but once an occupant claims to be a tenant, owners usually need an unlawful detainer case to remove them. (Penal Code (trespass) and Code of Civil Procedure (unlawful detainer))
Where the case is filed. Evictions are filed as unlawful detainer cases in the superior court for the county where the property is located. (Code of Civil Procedure sections 1159 to 1179a)
Why force backfires
Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.
Self-help eviction. Changing the locks, shutting off utilities or removing doors, windows or belongings to force a tenant out is illegal and can lead to daily penalties. (Civil Code section 789.3)
Protecting a vacant property
Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.
Mistakes to avoid
- Waiting months to act after someone moves in.
- Changing locks or removing belongings yourself.
- Accepting rent or utility payments from the occupant.
- Leaving a vacant property unchecked for long stretches.
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General information, not legal advice.
Verify current law
We last checked these California rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a California attorney about your situation.
Laws named on this page
- Code of Civil Procedure section 325
- Penal Code (trespass) and Code of Civil Procedure (unlawful detainer)
- Code of Civil Procedure sections 1159 to 1179a
- Civil Code section 789.3
Official sources
California forms for this topic
Letters and checklists for this topic
Asked by landlords in this state.
How long does adverse possession take in California?
Adverse possession takes five years of open, continuous and hostile possession. Source: Code of Civil Procedure section 325.
Does a squatter have to pay property taxes in California?
The occupant must also have paid all property taxes assessed on the land during those five years. Source: Code of Civil Procedure section 325.
How does an owner remove a squatter in California?
Police may treat a recent entry without permission as trespass, but once an occupant claims to be a tenant, owners usually need an unlawful detainer case to remove them. Source: Penal Code (trespass) and Code of Civil Procedure (unlawful detainer).