Have you ever left a real estate property unchecked for a while? Maybe it’s a house you inherited in a trust, a home you used to live in before moving to another state, or a property you deem a bad investment. Regardless, it’s not impossible to find someone living there when you eventually stop by.
It can be shocking and nerve-wracking when it hits you that you have squatters in your place. You may not be using the home, but you also do not want anyone else to without your permission. In Northern California, dealing with squatters in homes is challenging because they can be stubborn. Moreover, squatters have legal rights that you need to respect.
How should you approach this difficult situation? Let us explain your options and re-establish your power and confidence.
What Is Squatting?
When you hear the word “squatters,” you might imagine individuals sneaking into filthy houses and secretly living there. You are not wrong, but these people could also be families down on their luck and trying to find a roof over their heads.
Generally, squatting refers to people occupying properties that are not theirs. Squatters do not have legal consent or a claim to the home, yet they move in, whether it is a vacant, foreclosed, or abandoned place. Usually, the rightful owners have no knowledge that illegal settlers have taken over.
Why Do Squatters Squat?
Nobody wants to squat, but there are several reasons why some people do. Some cannot afford traditional housing or renting. Perhaps they have bad credit, no income, or a history of past evictions, and squatting is their only option.
Squatting may also be a way to protest the distribution of housing, land, and resources, especially in areas where properties sit empty while people are homeless or priced out of the market. The system is undeniably unfair, and squatters are resisting it.
Whatever the motivation, using or residing in a real estate property that is not yours is against the law.
San Jose California
Do Squatters Have Rights?
It is easy to villainize squatters. What they do is wrong, but at the end of the day, they are still human beings. Furthermore, the state of California has some of the most squatter-friendly laws in the country, offering a surprising number of protections, such as the following:
- Adverse Possession: If someone lives in your house continuously for five years without authorization and meets certain requirements, they can become the legal owner.
- Sudden Evictions: Kicking squatters out of properties immediately is unlawful. The state often treats these settlers like tenants, which means they must be removed with due process.
- Reimbursements: If the squatter improved your place as they made it their home, they may be entitled to compensation. A court may order you to pay for all the repairs and upgrades.
Squatters are vulnerable people who, like you, deserve defense. This truth is incredibly frustrating, but you must accept and honor it.
Is It Possible to Evict Squatters in Northern California?
Evicting squatters is a back-breaking undertaking, but it is definitely feasible. You are the legal owner of the home. No matter what happens, you have the right to it. The courts in Northern California do recognize that, as long as you play by the book.
oakland
Why Should You Kick Out Squatters?
Squatting is a problem, and ignoring it is not a solution. The longer illegal settlers stay, the harder it becomes to remove them.
In many situations, removing squatters is necessary, such as when preparing to sell the property. Buyers will not purchase anything they cannot access. You may also plan to convert an old family home into your residence or a source of rental income. Either way, you cannot move forward with strangers inside.
Some squatters are peaceful. Others? Not so much. These individuals may damage properties or run up utility bills in your name. In worst-case scenarios, illegal activity or behavior may put neighbors at risk.
If you don’t step in and take legal action in time, you may lose ownership, along with opportunities to build equity and create cherished memories tied to the property.
How Should You Handle Squatting Situations?
As tempting as it may be to react emotionally, the best course of action is to take a calm, informed approach. Aim for a quick resolution, not a long, expensive legal mess. Here are a few strategies:
- Pay the Squatters: You do not want to lose money to squatters, but it could be the fastest way to make them leave. It’s not ideal, but it might be less costly if you have immediate real estate plans.
- Rent the Property Out: If the settler has not caused damage, consider offering them a formal lease. Be sure to conduct a thorough background check and formalize the agreement with a written contract.
- Go to Court: When squatters refuse to cooperate, go through the proper court channels, which we will discuss in the next section.
Regardless of your choice, act quickly and politely. Unnecessary conflict will only cause more harm and losses.
San Francisco Government
What Are the Steps To Get Rid of Squatters in Northern California?
Walking the legal path can take weeks or even months, but you will ultimately regain possession of your house. Here is a breakdown of the legal process for removing squatters in Northern California.
Step 1: Send a Written Notice
Serve a formal written notice that clearly states you are the rightful owner of the property and demands that illegal settlers leave. The letter should include your name and a reasonable deadline, and be delivered by mail so that there is proof of receipt.
Keep in mind that squatters might feel cornered or defensive. It is advisable to work with a legal expert in the event of confrontations.
Step 2: File an Unlawful Detainer Lawsuit
Should the squatters ignore your notice, file an unlawful detainer lawsuit. Every county in California may have slightly different procedures, and understanding them gives you a better chance at reclaiming what is yours. The more you know, the more you steer clear of delays.
Step 3: Provide a Copy of the Lawsuit
After filing the lawsuit, ensure the squatters receive a copy as well. Provide it in person, by certified or registered mail, or through publication in a local newspaper. Once the squatter has been served, file proof of service to confirm that you have sent a proper notification. Only then can the case move forward.
Step 4: Acquire a Judgment
Appear in court to request a judgment of possession. This step is when you officially prove three things:
- You own the property
- The squatter is there without legal permission
- You have done all the necessary steps to remove them
Bring all supporting documents, such as ownership papers, the written notice, proof of service, and any relevant photos or evidence. Let the court review everything and, hopefully, rule in your favor. At this point, things finally move in your direction.
Step 5: Enforce the Court Order
Winning in court can be a huge relief, but squatters will not magically pack up and walk away. The final step is to involve your local sheriff to enforce the eviction order. They will serve the final notice and physically remove them if they do not leave voluntarily by the deadline.
This part may feel drastic and emotionally heavy, especially if you know the settler or are aware that they have nowhere else to go. Still, what is yours is yours. Focus on the fact that you are taking back your home as you should, safely and respectfully.
How Do You Sell Real Estate With Squatters?
Do the above steps make you want to run for the hills? No worries. Not everyone has the time, energy, or patience to endure them. So, sell to investors instead.
At Brothers Buy Homes, we purchase all types of properties throughout San Francisco, San Jose, and the greater Bay Area, including houses occupied by squatters. We have been serving the Northern California region for over 30 years, buying 40 to 50 houses every month, even rentals that are at a loss.
Brothers Buy Homes does not require you to make any repairs or clean anything. Simply tell us what you have and what is going on, and our real estate experts will make a fair, no-obligation cash offer. If you accept, we handle the rest and close on your timeline, whether in days or hours.
We promise no listing, fees, evictions, or stress; just cash and freedom from squatting woes. Discover how much your place is worth! Call Brothers Buy Homes at (415) 692-5133 or request a free, instant cash offer today.
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Let Brothers Buy Homes Buy Your Northern California Property With Squatters
However you look at it, squatters bring trouble. Since they have rights in the California regions, you need to be careful when abiding by the law. Ultimately, you hold the upper hand, but avoiding the hassle altogether is also an option.
Brothers Buy Homes has worked with countless residents in San Francisco, San Jose, and the greater Bay Area in selling real estate with squatters inside. We are eager to help you as well. Whatever your reason or concern, our team delivers a solution.
Contact Brothers Buy Homes online to learn more or for a free, instant cash offer. An expert is waiting with answers to your questions if you need to sell my house fast Bay Area!
