Can Police Remove Squatters in California?
In California, squatters can be a significant problem for property owners, particularly in urban areas. Squatters are individuals who occupy a property without the owner’s permission, often with the intention of making it their own. When faced with a squatter situation, property owners may wonder if they can call on the police to remove the squatters. The answer is not a simple yes or no.
Direct Answer:
Police can remove squatters in California, but only under specific circumstances.
To understand the process, it’s essential to know that California law recognizes two types of squatters: trespassers and possessors. Trespassers are individuals who enter a property without permission and stay for a short period, usually without making significant changes to the property. Possessors, on the other hand, are individuals who occupy a property without permission but have made significant changes, such as installing utilities or making improvements.
Removal of Trespassers:
For trespassers, the police can remove them from the property without a warrant. Under California Penal Code Section 602, police officers can arrest and remove trespassers if they are:
• On private property without permission
• Making excessive noise or engaging in other disruptive behavior
• Causing a disturbance or committing any other crime
To remove a trespasser, police officers typically follow these steps:
- Approach the individual and identify themselves as police officers
- Give the individual a verbal warning to leave the property
- Use reasonable force to remove the individual if they refuse to leave
Removal of Possessors:
For possessors, the process is more complex. California Civil Code Section 1161 states that a possessory action can be brought against an individual who is occupying a property without permission. To remove a possessor, property owners must file a lawsuit and obtain a court order. The court will then schedule a hearing to determine the rightful owner of the property.
Important Points:
- Police cannot remove possessors without a court order
- Property owners must provide proof of ownership and possession to the court
- The court will hear evidence from both sides before making a decision
Table: Comparison of Trespassers and Possessors
| Trespassers | Possessors | |
|---|---|---|
| Definition | Individuals who enter a property without permission and stay for a short period | Individuals who occupy a property without permission but have made significant changes |
| Police Removal | Police can remove trespassers without a warrant | Police cannot remove possessors without a court order |
| Court Action | Not required | Required |
Additional Considerations:
In some cases, property owners may need to take additional steps to remove squatters. For example:
- Eviction notices: Property owners must serve squatters with an eviction notice, which typically provides a specific deadline for them to leave the property.
- Court-ordered removal: If the squatter refuses to leave after the eviction notice, property owners may need to obtain a court order to remove them.
- Civil litigation: Property owners may need to file a civil lawsuit to recover damages and obtain a court order to remove the squatter.
Conclusion:
In California, police can remove squatters, but only under specific circumstances. Property owners must understand the differences between trespassers and possessors and take the appropriate steps to remove them. While the process can be complex, it’s essential to follow the legal procedures to ensure a successful outcome. By understanding the laws and regulations surrounding squatters, property owners can take control of their property and prevent future squatter issues.
