Home Squatting Problem
Home Squatting Problem
A migrant TikTok influencer tells illegal immigrants how to invade homes in America thanks to progressive squatting laws.
It’s happening all over the country. According to Redacted there’s been about 1000 homes squatted. What on earth is happening to our America?
Home Squatting Problem
Evicting squatters in California involves following specific legal steps. Here’s a breakdown of the process:
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Notice to Vacate: This is the first crucial step. You need to serve the squatters with a written notice demanding they leave the property. California law requires a 3-day notice to vacate for unlawful detainer (squatters). Ensure the notice is properly delivered, ideally through certified mail with a return receipt.
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Negotiation (Optional): While not mandatory, attempting to negotiate with the squatters can sometimes resolve the situation quicker. You could offer cash for vacating or discuss the possibility of them becoming paying tenants (if applicable).
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Unlawful Detainer Lawsuit: If they don’t leave after the notice period, you’ll need to file a lawsuit in court. This is called an “unlawful detainer” action. The lawsuit asserts your ownership and seeks to regain possession of the property.
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Court Hearing: A court date will be scheduled. It’s best to have legal representation at the hearing to present your case effectively. The judge will rule based on the evidence presented.
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Writ of Possession (if necessary): If the court rules in your favor, you’ll receive a writ of possession. This authorizes the sheriff to physically remove the squatters from the property.
Important Considerations:
- Time: The eviction process can take weeks or even months, depending on the court backlog and potential complications.
- Legal Expertise: Landlord-tenant law can be complex. Consulting a lawyer specializing in eviction can ensure you follow the proper procedures and protect your rights.
- Self-Help Eviction: It’s illegal to take matters into your own hands by trying to remove the squatters yourself.
Additional Resources:
California has specific laws regarding squatters’ rights. Here are some resources for further information:
- California Department of Consumer Affairs [CA.gov website]
Remember, this is a general overview. Every situation is unique, so consulting with a lawyer familiar with California eviction procedures is strongly recommended.
ALSO:
Why breaking and entering laws may not apply to squatters in California.
Breaking and entering laws typically don’t apply to squatters in California because the legal definition of trespassing differs from squatting. Here’s the breakdown:
- Trespassing: This is entering a property without permission or legal right to be there. It’s a misdemeanor and the squatter can be criminally charged.
- Squatting: This involves occupying a property and potentially claiming some right to reside there, even if it’s unlawful. Squatting usually starts with trespassing, but the ongoing occupancy elevates it to a civil issue.
Here’s why squatting becomes civil:
- Adverse Possession: California law recognizes adverse possession, which allows someone who occupies a property continuously for a certain period (usually 5 years) under specific conditions to potentially acquire ownership. This discourages property owners from neglecting their properties and creates a path for squatters to potentially gain rights.
Key Points:
- The initial entry by a squatter might be illegal trespassing, but their continued presence becomes a civil matter of unlawful detainer.
- The property owner must go through the eviction process to remove the squatters, not law enforcement via trespassing charges.
Nuances to Consider:
- If a squatter breaks a window or damages the property to gain entry, that could be considered a crime separate from squatting.
- The situation can differ if the squatter uses threats or violence to gain entry.
In conclusion:
California law prioritizes established occupancy over immediate removal, making squatters’ situations civil rather than criminal. While the initial entry might be trespassing, the eviction process focuses on regaining possession through the court system.
Remember, this is a general overview. Every situation is unique, so consulting with a lawyer familiar with California eviction procedures is strongly recommended.
Home Squatting Problem
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