How do I legally remove a "squatter" or an unauthorized occupant who has taken up residence in my California property?
To legally remove an unauthorized occupant in California, you must follow the formal civil eviction process, known as an unlawful detainer action. You cannot physically remove them yourself or lock them out.
Here is the step-by-step process:
Step 1: Serve a Formal Written Notice
You must first determine the occupant's status. If they never had permission to be there and have no lease, they are likely considered a tenant at sufferance. You must have them properly served with a "30-Day Notice to Quit." This document must be in writing and state the deadline by which they must vacate the property.
Step 2: File an Unlawful Detainer Lawsuit
If the occupant does not leave by the deadline in the notice, you must go to your local Superior Court and file an Unlawful Detainer lawsuit. You will need to complete specific forms, primarily a Summons (SUM-130) and a Complaint-Unlawful Detainer (UD-100).
Step 3: Serve the Lawsuit Papers
After filing, a neutral third party (like a professional process server or the Sheriff's Department) must formally serve the occupant with the lawsuit papers. The occupant then has five days to file a formal response with the court.
Step 4: Obtain a Court Judgment
If the occupant does not respond, you can ask the court for a default judgment. If they do respond, a court date will be set. You must attend the hearing and prove your case to obtain a judgment for possession of the property.
Step 5: Get a Writ of Possession
Once you have a judgment, you ask the court clerk to issue a "Writ of Possession." This document directs the Sheriff to evict the occupant.
Step 6: Involve the Sheriff's Department
Take the Writ of Possession to your county's Sheriff's Department Civil Division and pay the required fee. A deputy will post a "5-Day Notice to Vacate" on the property. After five days, the Sheriff will return to physically remove the occupant if they have not left.
Important Considerations:
The specific notice required can change based on the situation (e.g., a "3-Day Notice" for certain lease violations). You must properly serve all notices and court documents; failure to do so can get your case dismissed.
Warnings:
Never attempt a "self-help" eviction by changing the locks, shutting off utilities, or removing the person's belongings. These actions are illegal in California and can result in significant financial penalties against you. Police will generally not remove someone claiming residency without a court order.
This is general information and does not constitute legal advice. For complex situations or to ensure compliance with all laws, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Real Estate
Housing, rental rights, and property laws
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