Youtor
Squatters in California 101
>> YOUR LINK HERE: ___ http://youtube.com/watch?v=9RwsHgZvLxc
https://www.fastevictionservice.com/b... • Hi! Welcome to another tips for landlords and property managers video brought to you by Fast Evict Law Group.com. On today’s episode, we’ll go over Squatters in California 101. Remember, the contents of this video shouldn’t be considered legal advice. Please contact us for more information. • Scenario: There is someone living in your empty rental property and you don’t know what to do! This is one of many forms of having a “squatter” situation on your hands. • What is a squatter? • In the real estate world, a squatter is a person who occupies rental property without the landlord’s written or verbal consent and doesn’t pay rent.There are many scenarios where this situation can take place, such as: • Someone broke into an empty rental and started living there unbeknownst to the landlord. • A tenant doesn’t leave when their lease ends and stops paying rent. • An unauthorized guest stays behind after your initial tenant leaves. • Do squatters have rights in California? • Yes. If you leave your rental property unattended long enough, a squatter can gain legal possession of your property through a process called adverse possession which allows a person to claim someone else’s property if they continuously live there and pay property taxes for 5 consecutive years. • How do I evict squatters in California? • First, here is a list of items you must be able to prove in court of law: • The occupant does not have the owner’s expressed or implied permission to occupy the rental unit • The owner of the real property has been displaced from the real property • Lawful service of a Notice to Quit and the occupant(s) continued possession of the rental property after the expiration of the notice and • The fair daily rental value of the real property. • As with any typical unlawful detainer, the eviction process starts with a notice that must be served to the occupant, or in this case the squatter. If a name is not known, then a fictitious name can be used such as Jon or Jane Doe. The notice must be served personally, posted on the property or mailed. • A Forcible Detainer Lawsuit is then filed in court and a summons complaint is served to the occupant. The occupant has a certain number of days, not including weekends and holidays to respond to the complaint. We have a link in the description of this video with up to date information on the exact number of days. • If a response is not filed, then the landlord must file for default judgment. • If a response IS filed, then the landlord must request a trial date. If a trial date is set, both landlord and occupant must show up and provide proof either lawful or unlawful occupancy. • After either filing for a default judgment or having your day in court, a judgment is awarded. If the landlord won, the landlord must file for the Writ of Possession which can then be taken to a sheriff for the lockout stage. • Evicting squatters is not a simple process and requires an experienced Unlawful Detainer law firm to represent the owner of the rental property – from the preparation and service of the notice to obtaining the Judgment. Please contact our office to speak to one of our eviction specialists. • Thank you for watching. Please like, share and subscribe to our channel if you have found this video useful. We’ll see you on the next one!
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