Powell is a California licensed real estate broker and a former vice president of the San Diego County Board of Education. He lives in San Diego.
The state of Florida recently enacted a law that protects private property rights, and provides homeowners remedies against squatting. These new laws will increase penalties for those engaged or who encourage squatting and other property scams. California needs to do the same.
There are approximately 74,936 vacant homes in San Diego County, and, with over 10,000 homeless people in the region, vacant homes are a prime target for squatting. Yet there are little or no protections for property owners when a person or persons are found squatting on a property. Squatting, in the simplest of terms, is when a person moves into an unoccupied property that is not theirs and attempts to claim possession. The difference between squatting and trespassing is that trespassing is a criminal offense, whereas squatting is a civil matter. Under the new Florida law, a property owner can request law enforcement to immediately remove a squatter from their property if the individual has unlawfully entered and remains on the property or has been directed to leave the property by the owner but has not done so. One caveat is the individual cannot be a current or former tenant in a legal dispute.
The squatters’ rights California offers are different than those in other states. Squatters’ rights, also known as adverse possession, refer to the general legal principles that allow squatters to gain ownership of a property through a long period of possession, even without the owner’s permission. While squatters’ rights might seem antiquated today, the principles of adverse possession were established to reward the productive use of land and discourage neglect of properties.
To make a successful claim for adverse possession in California, a squatter must meet certain requirements. Some of the criteria include occupying the property for at least five consecutive years; cultivating or improving the land or property; and paying all state, county, or municipal taxes throughout their occupation. Squatters in California must also meet five other general requirements. Once a squatter meets these requirements and makes a successful claim for adverse possession, California law states they can legally have ownership of the property. They are no longer considered a trespasser and may remain on the property via squatters’ rights in California.
However, in San Diego with our high homeless population, it is not unusual to find homeless individuals squatting on properties and making claims of either ownership or legal possession. Not too long ago squatters took over several North Park homes and would not leave. In Escondido neighbors said that squatters have taken over a home, and there was nothing being done to force them out. The neighbors claimed that they dealt with the issue for nearly two years. Tenants can also easily turn into squatters when they violate an eviction order, which is a rental property owner’s worst nightmare. In California, the eviction process is commonly referred to as an “unlawful detainer” action, and an eviction may occur within days after the first notice to evacuate. Assuming no delays, an eviction might take five weeks to three months. However, the procedure could also take up to a year if there are any delays.
Due to understandable fears about tenants turning into squatters and squatters’ rights, California landlords and investors are looking out-of-state to safely expand their rental portfolios. Fewer rental properties will only exacerbate our rental crisis where the median monthly rent for attached and detached single-family homes is hovering slightly below $4,000. San Diego ranks as 10th most expensive among biggest U.S. cities and weak squatting laws are impacting private property rights. Some rental property owners still have mortgages on their rentals that they need to pay each month and when individuals squat without paying rent, the property owner must still make the mortgage payments or be foreclosed on.
A new trespassing law in California, Senate Bill 602, went into effect on Jan. 1. This bill grants more protection for property owners against squatting. This law prolongs the validity of trespass letters, also known as a Letter of Agency, from 30 days to one year. With trespass letters, a property owner can alert local law enforcement that a property is uninhabited. This allows law enforcement to clear the property of any trespasser who attempts to take up residence and who claims they are a legal occupant.
However, much more needs to be done to help put an end to unlawful squatting in San Diego. Lawmakers need to create harsher penalties for those engaged in the practice. Changing squatting laws is the only way to end unlawful squatting and protect private property rights, and our elected officials need to help make this happen before more property owners sell their rentals and invest elsewhere.
