California's Squatter Laws Enable Tenancy Rights After Just 30 Days, Raising Concerns Among Property Owners About Housing Security

Squatter laws have a long history. They were originally designed to provide legal protection in cases where land or property was abandoned and someone took it over for productive use. This was especially important in early American history, where vast, unsettled land meant that adverse possession offered a way to claim ownership of unused property. 

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In modern times, however, these laws have come under scrutiny, especially in California, where they stir intense debate due to the state’s unique housing challenges. In this state, if a squatter occupies a property and pays its taxes for five years, it may claim ownership under “adverse possession.” 

More controversially, squatters can be granted tenancy rights after just 30 days of residing in a home, sparking frustration among property owners.

Recently, a squatting incident in Hollywood Hills grabbed national attention. According to Fox News, squatters overtook two luxury mansions. Film producer John Powers Middleton, the owner of these homes, expressed outrage, saying, "What's happened to my property is criminal, and I hope everyone caught will be prosecuted to the full extent of the law."

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In another case reported by Fox News, a $5 million home in Beverly Hills was invaded by squatters who provided what they claimed to be a legitimate rental agreement. Real estate litigation expert Daniel P. Phillips explained that squatters often create fake documents to stay on properties legally. "These squatters are very clever," Phillips told the news outlet. "They come up with fake leasing documents or a fake story about how someone let them in."

So, what happens once squatters take over a property? According to California law, a landlord must issue a written notice asking the squatters to leave. If they refuse, the landlord must file an unlawful detainer lawsuit, which can take months to resolve. The squatter is not immediately evicted. 

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As FindLaw.com explains, while tenancy rights may be granted after 30 days, ownership can only be claimed through adverse possession after five years of occupying and paying taxes on the property.

Adverse possession, commonly called “squatter’s rights,” isn't exclusive to California. Each state has its own timeline and requirements, though the possession must generally be “open and notorious” – in other words, visible to others. 

Sometimes, homeowners unknowingly trigger adverse possession by, for example, building a fence that extends onto a neighbor's property. The neighbor could eventually claim ownership of the land within the fence if left unchallenged for long enough.

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Beyond the technicalities of the law, many argue that these rules are unfairly slanted in favor of squatters. One Californian, Flash Shelton, took matters into his own hands after discovering squatters in his mother's home. 

Law enforcement told him it was a civil matter, so Shelton researched the law and devised a plan. "I figured out that if I could establish the rights to the home before them, I could switch places with them and become their squatter," Shelton told Fox News. Using this tactic, Shelton successfully ousted the intruders and shared his story, which quickly went viral.

Shelton now helps others in similar predicaments and advocates for changes to California's squatter laws. He believes squatters shouldn't be allowed to assume tenant rights if they enter a property illegally. "What we need to do is separate it out," he said. “If somebody enters a house illegally, regardless of how long they’ve been there, that should be a crime.”

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