Squatters Rights and the Eviction Process in California: Owner Guide

Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team. Based on the California Code of Civil Procedure, Civil Code and Penal Code as published by the California Legislature and the Judicial Council’s court self-help pages; sources are listed at the end.

In California, an occupant who is not a trespasser and not a tenant is still removed through the courts, not by changing the locks. The state’s unlawful detainer process, set out in Code of Civil Procedure section 1161 and the sections after it, is how an owner gets possession back, and the court’s own self-help guide says an eviction can take 30 to 45 days or more once papers are served.

This guide explains the difference between a squatter, a trespasser and a holdover tenant, the notices that start the process, what an owner may not do, and how to sell a house when the person inside will not leave.

Squatter, trespasser or tenant: key points at a glance

What is a squatter under California law?

"Squatter" is a common word, not a legal category in the code sections that govern removal. The law asks what the person’s relationship to the property is. Someone who entered without any permission may be a trespasser.

Someone who once had permission, such as a tenant whose lease ended, a former employee or a relative, may be a holdover occupant. Someone who paid rent to you, or to a person who claimed to be the owner, may be treated as a tenant.

• Trespasser: under Penal Code 602.5(a), a person who enters or remains in a noncommercial dwelling without the consent of the owner, the owner’s agent or the person in lawful possession commits a misdemeanor.
• Holdover or former occupant: CCP 1161(1) covers a person who stays after the term of occupancy ends, including an employee or licensee whose permission was lawfully terminated.
• Tenant: CCP 1161 says "tenant" includes any person who hires real property, except the occupancies described in Civil Code 1940(b).

Which label fits decides the next step: a call to local law enforcement, a notice, or an unlawful detainer case. If the facts are unclear, a California landlord-tenant attorney can tell you which applies.

Do squatters have rights in California?

A person in a home without permission has no right to stay, but that does not mean the owner can remove them without a court order when the person claims to be a tenant. The statewide rules for getting possession run through the courts.

The Legislature has considered bills aimed at faster removal of squatters; for example, SB 448 of the 2025-2026 session, which would have added Penal Code 602.15, is listed on leginfo.legislature.ca.gov as an inactive bill that died in committee.

We have not found an enacted statewide squatter-removal procedure to describe here, so this guide covers the notice and court process that does exist.

Local law enforcement agencies may differ on whether they treat a given situation as a crime or a civil matter. Ask your local police or sheriff how they handle it before you rely on a criminal complaint.

The California eviction process, step by step

The Judicial Council’s self-help guide for landlords lays out five stages: give notice, start a court case, ask for a court date or a default judgment, go to court, and carry out the judge’s decision. In summary:

1. Give written notice. The notice type depends on the reason. You usually must give notice before starting a case, though the self-help guide lists exceptions, such as a fixed-term lease that ends without renewal.
2. File the unlawful detainer case. If the occupant does not comply by the deadline, the owner files the court forms and has them served.
3. Wait for a response. If the occupant responds, the owner can ask for a trial date. If not, the owner can ask the judge to decide without a hearing.
4. Go to court. A judge hears both sides and decides.
5. Enforce the judgment. If the owner wins, the occupant must move out, and the court process, not the owner, carries out the removal.

Which 3-day notice applies?

Pay rent or quit

CCP 1161(2) requires a written notice stating the amount due, who to pay and how, giving three days (not counting Saturdays, Sundays and judicial holidays) to pay or leave.

Perform covenant or quit

CCP 1161(3) covers a failure to meet lease conditions other than rent. The tenant has three court days to fix the problem or leave, unless the violation cannot be corrected.

Quit with no chance to cure

CCP 1161(4) applies to subletting or assigning against the lease, waste, nuisance, or use of the home for an unlawful purpose. Service of a three-day notice to quit can support a case.

A landlord or agent may not charge a tenant a fee for serving or posting any of these notices, and the notice has to meet California law and any city or county rules. Many cities add just-cause rules and their own notice requirements, so check your city before you serve anything.

What an owner cannot do

Civil Code 789.3 bars a landlord, with intent to end an occupancy of a residence, from willfully cutting off utilities such as water, heat, electricity or gas, changing the locks, removing outside doors or windows, or removing the occupant’s belongings without written consent.

A landlord who violates it can owe the occupant actual damages plus up to $100 for each day of violation, with at least $250 for each separate cause of action, and the court must award reasonable attorney’s fees to the winning side.

The court’s self-help guide also lists lockouts and utility shutoffs as things a landlord may not do.

How to sell a house in California when an occupant will not leave

1. Work out who the occupant is. Trespasser, holdover or tenant changes your options, and the label may need a lawyer’s opinion.
2. Decide whether to remove first or sell first. An unlawful detainer case takes time and legal fees. A buyer who accepts the property with the occupant in place takes on that process.
3. Disclose what you know. A seller must complete the required California disclosures. A direct sale with an as-is buyer limits repairs, but not honest disclosure.
4. Check title and liens. Escrow settles the payoff of any loan, tax or lien from the proceeds.
5. Compare a listing with a direct cash sale. A listing usually requires showings, which are hard with an unwilling occupant. A direct cash sale can close as-is, with no showings and no repairs.

Houses with tenants, holdover occupants or damage are situations we buy. See how we buy houses across California, or read our guides to selling a tenant-occupied home and selling as-is.

Have a house with someone in it you want to sell? Call (424) 435-2326 or request a cash offer. There is no cost and no obligation.

Squatters and eviction FAQ

Can I change the locks on someone who will not leave?

Not if they are a tenant. Civil Code 789.3 bars a landlord from changing locks, cutting utilities or removing belongings to end an occupancy, and sets damages of up to $100 per day with a $250 minimum per cause of action. If you are unsure whether the person is a tenant, speak with an attorney first.

Is it a crime to stay in someone’s house without permission?

Under Penal Code 602.5(a), entering or remaining in a noncommercial dwelling without consent is a misdemeanor. Doing so while a resident is present is aggravated trespass under 602.5(b), punishable by up to one year in county jail, a fine of up to $1,000, or both.

How long does an eviction take in California?

The California Courts Self-Help Guide says evictions can take 30 to 45 days or more, counted from when court papers are delivered to the tenant. Time before that, such as the notice period, is extra.

How many days is a 3-day notice?

Three days, not counting Saturdays, Sundays and other judicial holidays, under CCP 1161(2), (3) and (4).

Can I sell a house that has a squatter or holdover occupant in it?

Yes. Nothing in the eviction statutes bars a sale. A buyer who purchases with the occupant in place takes on the removal process, which is why a direct as-is cash sale is a common route.

Sources

• California Legislature: Code of Civil Procedure section 1161
• California Legislature: Penal Code section 602.5
• California Legislature: Civil Code section 789.3
• California Legislature: SB 448 bill status
• California Courts Self-Help Guide: The eviction process for landlords
• California Courts Self-Help Guide: Give your tenant notice

This guide is general information, not legal advice. Eviction and trespass rules change and can differ by city; confirm your situation with a California attorney.