Legislative Update – Proposed Bill Allows Squatters to be Removed by Law Enforcement

California is considering legislation making it easier for property owners to remove squatters from their property.  The Trespassing Response & Remedies Act (SB 448) establishes a speedy process for property owners and homeowners to remove trespassers (also known as squatters) without having to file an unlawful detainer action in court. 

The Problem

Under existing California law, a property owner cannot simply call law enforcement to remove a squatter from rental property.  Because the officer(s) are not in a position to resolve competing claims to the property, they typically respond to a squatter trespassing complaint by telling the property owner “it’s a civil matter” within the exclusive jurisdiction of California’s court system.

Thus, under current law the landlord has only one legal option to have the squatter removed – filing and successfully prosecuting an unlawful detainer (eviction) lawsuit against the squatter.  The property owner must provide proper notice, then file a formal eviction complaint in court, and then attend at least one hearing to lawfully remove the trespassers. This process can take several months or longer, costing the property owner thousands of dollars in legal fees, rental income and lost time.

The Solution

The proposed legislation would provide a streamlined process to reclaim real property from trespassers, which will avoid costly litigation expenses and delays typically associated with prosecuting a lawsuit.  This bill would permit a property owner to request law enforcement within the county in which the dwelling is located to immediately remove an individual from their property.  The owner would need to provide the officer with a sworn affidavit attesting to the fact that that the individual unlawfully entered the property, was told but refused to leave, and does not otherwise have any legal right to occupy the property.

This bill also authorizes penalties for those engaged in trespassing, falsifying documents, misleading law enforcement, causing property damage, and falsely advertising the sale or rent of a property without legal authority.  Lawful tenants are protected by provisions of the bill imposing penalties against the property owner for wrongfully removing the occupant.  The bill also includes an immunity provision to protect law enforcement from claims arising from the displacement of squatters at the property.

We will keep you informed of further developments regarding this bill.  Meanwhile, please keep us in mind for all your eviction needs.  We can be reached at 888-441-2355 or info@lynxlegal.com.  Our experienced staff is standing by to complete your order or answer any inquiries you may have about the eviction process.