Squatters Have Rights Despite Illegality of Improperly Occupying a Property

A bill that would enable sheriffs to quickly remove tenants suspected of squatting was signed into law in Florida by Gov. Ron DeSantis last week.

Florida’s HB 621 allows for prosecutors to charge squatters with a second-degree felony when found to have intentionally caused $1,000 in damage on a property. It also could lead to first-degree felony charges against people who sell or lease residential property they don’t own.

California Laws Protect Squatters

However, in California, tenant protections currently shield squatters from the repercussions of illegally taking over a property.

“It is easy enough for a squatter to produce a fake lease, or to say they have been there with permission, and then again, law enforcement wont touch it without a court order,” said attorney Rachael Callahan with Orange County Evictions.

An Irvine business called Squatter Squad, co-founded by Lando Thomas, specializes in removing squatters using trespassing laws.

Thomas said he had 25 phone calls to return of people seeking his services including some from out of state.

“We don’t see squatters as tenants,” Thomas said. “We see them as trespassers. We work with specific cases where we can prove the squatter is a trespasser and where the squatter has actually trespassed onto the property.”

Although a property owner has the right to remove a trespasser, Callahan notes that anyone who has occupied a space for 30 days has tenancy.

When tenancy can be established, a squatter enjoys automatic protections, which is part of the problem.

“This was meant to protect actual tenants so that bad actor landlords would not do things like shine lights in the window, remove doors, and block parking, etc in order to get tenants to leave,” Callahan told OrangeCountyLawyers.com.

A Business Insider report estimates that some 4.4 million Americans are currently squatting. Squatting is defined as someone who is illegally occupying a vacant building or settling on a piece of land they don’t own.

“Don’t leave a place empty,” Callahan warns. “Put up security cameras that are monitored by motion sensors. Be vigilant about checking on your property and most importantly, don’t take no for an answer from law enforcement when they tell you it’s a civil matter, and you have to go through the court.”

The number of homeless people squatting in California is on the rise partly due to the housing crisis.

Some 181,399 Californians are unhoused, according to a 2023 U.S. Department of Housing and Urban Development Report, which is 28% of the nation’s total homeless population.

“Recently, I’ve seen an uptick in a more blatant approach by squatters such as viewing an apartment listed for rent, and then showing up with a moving truck and taking over when no one is around,” Callahan alleged. “I’ve had several cases where the realtor returns to do a showing, or hold an open house, and the squatters are living on the staged furniture and calling it their own.”

Another contributing factor to the rise in squatting incidents is the pandemic when courts operations were limited or backlogged, according to Callahan.

COVID Lockdowns Stripped Property Owner’s Rights

During COVID lockdowns, landlords were stripped of their rights to remove anyone through the COVID-19 Tenant Relief Act of 2020.

“Owners were without access to the court and it was not a good look to be displacing people, even bad actors,” she said.
To remove a squatter, Callahan advises issuing a 3-day nuisance notice. If the squatter does not leave, an unlawful detainer lawsuit, also known as eviction proceedings, is advised.

However, the process is lengthy.

“Assuming we are successful in obtaining a judgment for possession either by default, where the squatter doesn’t respond to the lawsuit, or by trial, we then take the lockout order, known legally as a writ of possession, to the sheriff.” Callahan added “Navigating through the court process takes 4 to 6 months.”

*Image courtesy of Squatter Squad video screenshot.