Squatters and Unauthorized Occupants in California: A Landlord's Guide

If someone just broke into your vacant rental and has no claim to be there, police can treat it as criminal trespass and may remove them. But once an occupant claims any right to be there — a verbal lease, a fake rental agreement, or "the last tenant said I could stay" — police usually call it a civil matter. At that point, the only legal way to remove them is through the courts.

Here's how to tell which situation you're in, what to do in the first 24 hours, and how to prevent squatting in the first place.

Trespasser, Squatter, or Unauthorized Occupant?

There's no automatic "30-day rule" that turns a squatter into a tenant. But in practice, the longer someone has been there, and the more evidence they have (mail, utility bills, receipts), the more likely police will step back.

What to Do If You Discover a Squatter

1. Call the police right away. If the entry is recent and there's no sign of tenancy, officers may remove the person for trespassing. Even if they don't, you'll have an incident report.
2. Document everything. Take date-stamped photos and video of the property from outside, the condition, any damage, and any vehicles. Note what the occupant says about why they're there.
3. Gather proof of ownership and vacancy. Your deed, a property tax bill, the last lease and move-out date, utility shutoff records, and any inspection or security camera records.
4. Don't take matters into your own hands. Changing the locks, removing belongings, or shutting off utilities is an illegal self-help eviction. It can expose you to penalties even against a squatter.
5. If police won't act, file an unlawful detainer. Talk to a landlord-tenant attorney, serve the appropriate notice, and file an eviction case. Once you have a judgment, the sheriff carries out the lockout.

Use a "602 Letter" to Protect Vacant Property

A trespass authorization letter, commonly called a 602 letter, authorizes local law enforcement to remove trespassers from your property on your behalf, even when you're not there.

Since SB 602 took effect in 2024, these letters stay valid for up to 12 months instead of 30 days, and you can designate an agent (like a property manager) to file them. If you have a unit sitting vacant between tenants or during a renovation, filing one with your local police or sheriff is a smart, low-cost step.

A 602 letter doesn't resolve a real dispute over possession. If the occupant claims a right to be there, you'll still need to go to court.

What about new "expedited squatter removal" laws? You may see articles about fast-track removal procedures. A bill proposing one (SB 448) did not become law, so the court process is still the rule.

Unauthorized Occupants in an Occupied Unit

Sometimes the problem isn't a stranger. It's someone your tenant let move in. If your tenant leaves and a boyfriend, roommate, or subtenant stays behind, that person often can't be removed as a trespasser.

When you file an eviction, ask your attorney about serving a Prejudgment Claim of Right to Possession along with the summons and complaint. This makes the eviction binding on all occupants, including ones whose names you don't know, so an unknown occupant can't restart the process later.

Can a Squatter Take Ownership of My Property?

It's very rare. To gain title through adverse possession in California, a person must occupy the property openly and continuously for 5 years and pay the property taxes during that time. If you pay your property taxes and check on your property, this isn't a realistic risk.

How to Prevent Squatting

• Visit or inspect vacant units at least weekly
• Install exterior cameras and a smart lock or monitored alarm
• Keep the property looking occupied: lights on timers, landscaping maintained, mail collected
• File a 602 letter as soon as a unit will sit vacant
• Re-key locks between tenants and track who has keys
• Screen tenants and require every adult occupant to be on the lease
• Act fast. The longer an occupant stays, the harder removal becomes.

Frequently Asked Questions

Can I call the police to remove a squatter in California?

Yes, and you should. If the entry is recent and there's no claim of tenancy, police may remove them for trespassing. If the occupant claims a right to be there, police usually won't, and you'll need a court eviction.

Can I change the locks on a squatter?

No. Changing locks, cutting utilities, or removing belongings is illegal self-help eviction and can create liability for you.

How long does it take to remove a squatter through the courts?

It varies by county and whether the occupant contests the case. It commonly takes several weeks to a few months.

What is a 602 letter?

A written trespass authorization filed with local law enforcement that lets them remove trespassers on your behalf. It's now valid for up to 12 months.

Bottom Line for Landlords

1. Call the police immediately. Recent trespassers with no claim can often be removed the same day.
2. If the occupant claims any right to be there, it becomes a court eviction.
3. Never change locks, cut utilities, or remove belongings yourself.
4. File a 602 letter whenever a unit will sit vacant. It now lasts up to 12 months.
5. Inspect vacant units often. Speed is your best protection.

This article is for general informational purposes and isn't legal advice. Squatter situations can escalate quickly. For your specific situation, consult a California landlord-tenant attorney.