What Is The Difference Between Squatting And Trespassing?
If someone is living in a property without permission, there are two important distinctions to make.
Did the person use force to gain entry? Such as breaking down a door or window?
Did the squatter gain entry by other means?
If you answered yes to the first one, you likely have a trespasser. Trespassing is a crime and calling the police to have these people removed would be a great idea. If law enforcement determines trespassing is indeed the case, the people will be removed or arrested.
The best advice is: Don't Leave A Property Vacant!
What Rights Do Squatters Have?
If you have a squatter:
California requires a written 3-day notice to the squatter. An unlawful detainer may not be filed until this is done.
If the squatter doesn't leave in 3 days, file an unlawful detainer with the court. It's best to seek professional assistance when doing this.
Make sure the squatter(s) are served with the right paperwork.
Attend the hearing scheduled by the court clerk.
After the squatter has been served with the lawsuit and given an opportunity to present his side of the story, a hearing date will be scheduled within 20 days. At the hearing, a judge will listen to both sides argue their case before issuing a judgment. The hearing usually takes no longer than one hour.
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