By tf-lawyer.com In a recent report by FOX 11, California has faced an alarming rise in property violations by squatters, with the state’s squatter laws allowing individuals to claim potential tenancy rights after residing in a property for 30 days.
One notable case is a mansion in Hollywood Hills, once rented by Grammy-winning artist Mary J. Blige, which has now been completely covered in graffiti. Just this past March, a $5 million Beverly Hills home was also occupied without permission, with the representing real estate agent calling the police. However, authorities deemed it a civil matter since the squatters presented what they claimed were lease-related documents.
In September, two more Hollywood Hills homes fell victim to squatters, including a property owned by John Powers Middleton, the son of Philadelphia Phillies owner John S. Middleton.
Unfortunately, presenting false documentation is a common tactic among squatters. Daniel P. Phillips, a partner at Belkin, Burden & Goldman, shared that these individuals often submit fake lease documents or concoct stories about how they were allowed to move in by the landlord.
Squatter laws vary significantly from state to state. In California, once a squatter has occupied a property for 30 days, they can acquire tenancy rights. If they continue to pay property taxes for five years, they may even be able to claim ownership through a process known as adverse possession.
Several law firms in California have noted on their websites that while ownership cannot be transferred to squatters after 30 days, tenancy rights can be granted. If a landlord serves a written eviction notice and the squatters refuse to leave, the landlord must pursue an unlawful detainer lawsuit, which can often take months to resolve.
Adverse possession, commonly referred to as “squatter’s rights,” isn’t unique to California, but each state has its own rules regarding the timeline and requirements for claiming such rights. Adverse possession can sometimes occur unintentionally; for example, if a homeowner mistakenly builds a fence on their neighbor’s land, they may claim adverse possession for the land they have encroached upon.
Every state has standard requirements for claiming these rights, including that the possession must be open and notorious, although the duration of time required can differ. According to FindLaw.com, California requires continuous residency and tax payments for five years.
Flash Shelton, a California resident well-versed in the state’s squatter laws due to a personal experience where a squatter took over his mother’s home, recounted his dealings with these individuals and law enforcement, who classified the situation as a civil matter. Self-identifying as a “Squatter Hunter,” he learned the laws and ultimately turned the tables.
“In just a few days, I learned everything I could about squatters. I figured out that if I could establish rights to the property before they did and then flip the script to become a squatter myself, I’d be able to make it work,” Shelton explained. “I declared myself a squatter, secured the premises, set up surveillance, and warned them that if they trespassed again, I’d sue them. That was enough.”
Shelton’s story quickly gained traction on social media, and he now assists others in similar situations to his mother’s. He expressed concern about states that are accommodating to squatters, allowing them to gain tenancy rights. He hopes for a legal distinction where anyone entering a property illegally, regardless of how long they stay, should be treated as a criminal offense.
