Hawaii Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights

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US-02222BG
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Description

Unlawful detention in the real property context means keeping possession of real property without a right, such as after a lease has expired. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

The eviction process can take 30 - 45 days, or longer.

In Hawaii, following 20 years of continuous possession, a squatter can claim ownership of the land.

Can Police Remove Squatters In California? Yes, in California, law enforcement, typically the local sheriff's office, can assist in removing squatters from a property if the legal eviction process has been followed and a court order, such as a writ of possession, has been obtained.

While different states have a different requirement in this regard, in Florida, the minimum period for a squatter is 7 years. Here, uninterrupted means that the squatter may not leave the property or parcel of land for several weeks, months or even years and then still claim possession.

In California, it is illegal for someone to squat or trespass on a vacant property without the owner's permission. A vacant property refers to any uninhabited residential building or land that is unused and unoccupied.

Squatter's rights, also known as "adverse possession" in property law, generally refers to a situation where others who continuously use a portion of your land for a legally specified number of years ? in the absence of your objection to that use ? can potentially claim legal use to that portion of your property.

In California, the legal concept of squatter's rights is defined by state law and varies from other states. Under California Civil Code section 1007, a squatter can establish legal possession of a property by occupying it openly and continuously for a period of five years without the owner's permission.

You might be wondering why these possession claims exist in the first place. Simply put, the government would prefer to have an occupied property over a vacant one to avoid waste. This keeps the home maintained and the property taxes (usually) paid. California has some of the most favorable laws for squatters.

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Hawaii Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights