California — Removing Squatters Before a Property Sale: Law, Steps, and FAQs

Detailed answer — legal options and typical process under California law

If someone occupies your property without permission before you sell it, you must treat the situation as an unlawful possession (trespass) and, in most cases, use the California unlawful detainer (eviction) process to regain possession. You cannot usually remove occupants by force or self-help (changing locks, shutting off utilities, or physically removing people) without exposing yourself to civil and criminal risk.

Below is a step‑by‑step explanation of how the law commonly works and what you can expect:

1. Confirm ownership and the occupant’s status.

   Determine whether the occupant is a tenant, licensee, invitee, or a trespasser (squatter). A written lease, rent payments, or a key exchange often creates tenant rights. If the person lacks permission and is not a tenant, they are generally considered a trespasser.

2. Consider contacting law enforcement for criminal trespass if appropriate.

   California Penal Code § 602 makes certain unauthorized entries a crime. If the occupant is committing criminal activity (breaking and entering, vandalism, threats), call the police and report criminal trespass: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=602.&lawCode=PEN

   However, when the dispute is primarily about possession (a civil matter), police may decline to act and will direct you to the civil eviction process.

3. Use the unlawful detainer (eviction) process for civil removal.

   For most squatters who occupy land without permission, the proper remedy is an unlawful detainer action in superior court. The basic pattern:

   • Serve a notice to quit or demand for possession (for holdovers or unauthorized occupants). California’s unlawful detainer statutes govern when you may file a case: see Code of Civil Procedure § 1161 for grounds related to holdover and other possession disputes: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1161.&lawCode=CCP
   • If the occupant does not vacate after the required notice, file an unlawful detainer complaint in superior court.
   • If you prevail at trial (or the occupant fails to appear), obtain a judgment and a writ of possession from the court.
   • Give the writ to the sheriff or marshal. The sheriff enforces the writ and physically removes occupants and their belongings, then returns possession to you.

   Timing varies by county, but expect several weeks to a few months in routine cases.

4. Avoid self-help evictions.

   Changing locks, removing personal property, shutting off utilities, or physically evicting occupants yourself is risky and usually unlawful. Doing so can expose you to civil liability and criminal charges even when the occupant is a trespasser.

5. Address the risk of adverse possession (squatter’s title).

   Some people worry that a squatter can obtain title to property. Under California law, statutory adverse possession claims generally require continuous, open, notorious, exclusive, and hostile possession for five years plus payment of property taxes on the parcel. The statute requiring payment of taxes is in the Code of Civil Procedure: see CCP § 325 (statutory elements for claiming possession and tax payment requirement): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=325.&lawCode=CCP

   Because that standard includes payment of taxes and a continuous multi‑year possession period, a prompt owner response and filing an unlawful detainer usually prevents a squatter from acquiring title.

6. If the property is actively listed for sale, inform potential buyers and your agent.

   Disclose the situation to your listing agent and buyer prospects. Buyers will want to know whether the sale includes taking possession as-is or requires the seller to remove occupants before close. Some buyers may want a credit or an extended closing while you evict. An attorney or escrow officer can help structure the sale contract accordingly.

7. Consider civil remedies for damage or unpaid obligations.

   If squatters damage the property, refuse to pay utilities, or take fixtures, you may be able to seek damages in the same or a separate civil action.

8. When immediate action is necessary.

   If squatters threaten imminent harm to people or property, call law enforcement. For non‑emergency possession disputes, begin the unlawful detainer process or consult an attorney for expedited relief options.

For general court information on eviction, including forms and self‑help materials, the California Courts system provides resources: https://www.courts.ca.gov/selfhelp-eviction.htm

Bottom line: Do not use force. Use the unlawful detainer process (or call police if criminal conduct occurs). Acting promptly and documenting ownership and any communications prevents long delays and reduces the chance a squatter could claim adverse possession.

This is a general explanation of common California civil and criminal remedies. Specific cases can vary, and local court rules differ by county.

Helpful hints — practical steps property owners can take right away

• Document everything: photos, dates, messages, police reports, notices you served, and inspect the property when safe.
• Confirm your ownership with the deed and property tax records before taking any steps.
• Do not confront occupants alone or attempt forcible removal. Prioritize safety and call law enforcement if you face threats.
• Post or keep a visible “No Trespassing” sign and lock up vacant structures if safe to do so; do not break a closed door if people are inside.
• Serve the proper written notice before filing an unlawful detainer—mistakes delay the process. Consider using an attorney or process server.
• Talk to your listing agent and escrow early. Buyers and lenders require clear possession at closing, and a plan for eviction can be built into the contract.
• Keep property tax payments current; payment history undermines adverse possession claims.
• Consult a California real estate or eviction attorney if the occupant claims tenancy, if there are complex title issues, or if the occupants assert a right to remain.

Disclaimer: This article explains general California law and common procedures. It is not legal advice. Laws change and facts matter; consult a licensed California attorney for advice about your specific situation.