Notice to Vacate for Squatters
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FAQ
Approach The Court Of Law You will have to send a legal notice to your tenant asking him/her to pay the arrears of rent or else to vacate within a month. The tenant has to pay rent in the court once it is assessed by the court and in case he/she fails, it invites immediate eviction.
Removing squatters can take anywhere from days to months and maybe even years in rare circumstances. However, the legal eviction process typically only takes 4-5 weeks depending on what's involved.
Under California law, the squatters must remain on the property for at least five years, and pay taxes on property every year.
Unfortunately, it can be just as difficult to evict squatters as it is to evict a traditional tenant. Many squatters attempt to gain tenant rights. That makes it even more difficult to evict them. It can also lengthen the already long eviction process.
Give these tenants notice to move with the proper waiting period (30 day notice). If the tenants don't want to move, the landlords can file for eviction with the courts. The landlord can prepare documents explaining they acquired the property without plans to keep the tenants or why they must leave.
Call the police immediately. When you find someone on your property, call the police. Serve an eviction notice. Serve the squatter with an eviction notice. File a lawsuit. Have the squatter removed. Handle any belongings left behind.
Usually you cannot use force to evict squatters, but if you already live in the property, or are about to (for example, you've bought the house and are about to move in) you are allowed to break your own door down if necessary.
Squatting on non-residential land or in a non-residential building is not a crime in itself.Other examples of how the police can evict squatters from non-residential properties are: Stealing from within the property. Using the utilities such as electricity and gas without permission.
In the off chance that the squatter stays, you'll have to evict them through formal means, which is filing an unlawful detainer lawsuit. This will have to be done in accordance with the laws of California, or the state you're living in. As long as you take prompt and smart action, you will most likely win the lawsuit.
