thats bullshit...hes not a tennant he's a squatter at best....
CALIFORNIA LAWS REGARDING SQUATTING
When a squatter claims that they have squatter’s rights, they are typically referring to adverse possession laws. Adverse possession is the legal term used to describe what happens when a squatter takes over the property. In California, there are four requirements to make an adverse possession claim.
WHAT YOU CAN AND CAN’T DO IF YOU HAVE SQUATTERS
If you get to the property and find that your home is occupied, you’ll first want to call the police. Depending on the situation, they may deem it a civil issue if there is not present evidence of trespassing. It’s still a good idea to call the cops, even without obvious evidence of trespassing, so that they can make the distinction and there will be a record of the incident. In either case, you’ll want to consult your attorney and figure out what to do next.
In regards to what you can’t do, you cannot cut the electricity or other utilities, threaten them, or attempt to handle it on your own and remove them. This can not only be dangerous but can also have serious legal implications.
CALIFORNIA LAWS REGARDING SQUATTING
When a squatter claims that they have squatter’s rights, they are typically referring to adverse possession laws. Adverse possession is the legal term used to describe what happens when a squatter takes over the property. In California, there are four requirements to make an adverse possession claim.
- Hostile possession: the squatter truly believes that they are the rightful owner; they are occupying the land without knowledge of who owns it; or they are aware that they are trespassing. Typically this means that the squatter moves into the property with no concern to who owns it because they believe they are taking ownership.
- Actual possession: They live on the land as if it is their own and pay associated bills and property taxes. This is in opposition to someone that would occasionally stop by the property or only use it for other, infrequent purposes.
- Open and notorious possession: Their occupancy must be apparent that they are living there; cannot be hidden. They are not sneaking around the property; they own it and can be observed by neighbors.
- Exclusive and continuous possession: Their possession cannot be interrupted or shared with other parties. This time period must be 5 years in California. If they were previously a tenant in the property, the 5 years begins once the tenancy ends.
WHAT YOU CAN AND CAN’T DO IF YOU HAVE SQUATTERS
If you get to the property and find that your home is occupied, you’ll first want to call the police. Depending on the situation, they may deem it a civil issue if there is not present evidence of trespassing. It’s still a good idea to call the cops, even without obvious evidence of trespassing, so that they can make the distinction and there will be a record of the incident. In either case, you’ll want to consult your attorney and figure out what to do next.
In regards to what you can’t do, you cannot cut the electricity or other utilities, threaten them, or attempt to handle it on your own and remove them. This can not only be dangerous but can also have serious legal implications.
