In California, while police can intervene in specific situations to remove squatters, the overall process is complex and often requires property owners to adhere to specific legal procedures. It's not a simple matter of calling the police to have someone immediately escorted off the property, especially if the individual claims any form of tenancy or right to be there.
When Police May Intervene
Police involvement is generally limited to clear-cut criminal acts. They are more likely to remove individuals in circumstances where:
- Clear Trespassing: If someone has just broken into a property, and there is no indication of any prior agreement or residency, police may remove them for criminal trespassing. This often requires immediate reporting by the owner and clear evidence of forced entry or recent unlawful occupation.
- Active Criminal Activity: If squatters are engaged in illegal activities on the property (e.g., drug manufacturing, vandalism), police can intervene based on those criminal acts.
- Valid Court Order: If a property owner has successfully gone through the formal eviction process and obtained a court-ordered Writ of Possession, law enforcement (typically the Sheriff's Department) will then enforce that order and physically remove the occupants.
When Police Typically Do Not Intervene
Police generally will not remove squatters in situations that are considered civil disputes rather than criminal matters. This commonly occurs when:
- Claim of Right or Tenancy: If an individual claims they have a right to be on the property, even if that claim is unfounded (e.g., a verbal agreement, an expired lease, or even just receiving mail at the address), police are likely to classify it as a landlord-tenant dispute.
- Established Residency: If squatters have lived on the property for an extended period, have personal belongings there, or have established utilities in their name, police will usually defer to the civil court system, advising the property owner to pursue an eviction.
- Absence of Immediate Threat: If there's no immediate danger, active crime, or breach of peace, police are less likely to get involved in what they perceive as a property dispute.
The Distinction Between Criminal and Civil Matters
Understanding the difference between criminal trespassing and a civil eviction is crucial:
- Criminal Trespassing: This involves entering or remaining on someone else's property without permission, often with intent to interfere with property rights. Police can act on this.
- Civil Eviction (Unlawful Detainer): This is the legal process required to remove someone who has established a tenancy or claims a right to occupy, even if that right is tenuous or fraudulent. This is handled through the courts, not directly by police.
The Formal Eviction Process in California
For property owners dealing with squatters who claim any form of residency, the only legal pathway to regain possession is usually through a formal eviction (unlawful detainer) lawsuit. This process is complex and can be lengthy:
- Serve Proper Notice: The owner must serve the squatter(s) with a formal written notice (e.g., a 3-day notice to quit or pay rent, or a 30/60-day notice to quit, depending on the circumstances).
- File Unlawful Detainer Lawsuit: If the squatter does not vacate after the notice period, the owner must file an unlawful detainer lawsuit in court.
- Court Hearing and Judgment: Both parties present their case to a judge. If the judge rules in favor of the owner, a judgment for possession is issued.
- Writ of Possession: The court issues a Writ of Possession, which is then given to the local Sheriff's Department.
- Sheriff's Enforcement: Only the Sheriff's Department can legally remove occupants and return possession of the property to the owner based on the Writ of Possession. Police officers typically do not execute these evictions.
Practical Insights for Property Owners
To navigate a squatter situation effectively, property owners should consider the following:
- Act Quickly: The sooner a squatter is discovered, the easier it is to address the situation as clear trespassing. Delays can allow squatters to establish a claim of residency.
- Document Everything: Keep detailed records of ownership, any attempts at entry by squatters, police reports, and communications. Photos and videos can be valuable evidence.
- Avoid Self-Help Eviction: Never attempt to physically remove squatters yourself, change locks, shut off utilities, or remove their belongings. These actions are illegal in California and can lead to severe penalties for the property owner.
- Seek Legal Counsel: Due to the complexities of California's landlord-tenant laws and squatter rights, consulting with an attorney specializing in real estate or evictions is highly recommended. Legal professionals can guide owners through the proper legal channels to regain possession.
Distinguishing Between a Trespasser and an Unlawful Occupant
| Feature | Trespasser | Unlawful Occupant/Squatter (claiming right) |
|---|---|---|
| Initial Entry | Without permission; often involves forced entry or surreptitious entry. | May have initially entered legally (e.g., old tenant, guest) but overstayed, or entered illegally but established a presence. |
| Claim to Property | None; acknowledges no right to be there. | May assert a verbal agreement, an old lease, or other perceived right. |
| Personal Items | Few or none, often indicates recent entry. | Significant personal belongings, suggesting residency. |
| Utilities/Mail | Rarely or none in their name. | May have utilities or mail addressed to them at the property. |
| Police Action | More likely to remove for criminal trespassing. | Less likely to remove; typically advises civil eviction process. |
| Removal Method | Police action (criminal arrest/removal) for clear cases. | Requires formal Unlawful Detainer (eviction) lawsuit through court. |
Ultimately, while police can remove squatters under specific criminal circumstances, the primary and most common method for removing individuals who have established any semblance of residency in California is through the detailed and legally mandated civil eviction process.
