The Dangers of Idle Property: Squatters Rights in California

Imagine that you live in Colorado, but own a vacation home in California. You love California, but are only able to visit once a year during the summer, while your kids are on vacation from school. Typically you and your family will spend the entire month of July enjoying your vacation home. During the rest of the year, the house is vacant with the exception of occasional renters. In 2015, you and your family decided to take your summer vacation somewhere other than California. In order to afford the vacation, and your summer home, you decided to rent your California abode to a couple during the months of June and July. On July 31, 2015, that couple vacated your home - or so you thought.

On July 1, 2016, you and your family land in California for your annual summer vacation. Upon arriving at the vacation house, there are unrecognized cars in the drive­way. You walk up to the door, and ring the doorbell. You hear voices inside, but no one answers the door. Against your better judgment, you try to use your key to get into your home and confront the intruders, only to find that your locks have been changed. You see the curtains by the window move and recognize the faces peering out at you. It is the couple who rented your home during the summer of 2015. You immediately call the police to inform them of the intrusion. You explain that this couple rented your home for two months in 2015, and may have been stay­ing there rent free since then. To your dismay, the police cannot help you – at least not yet. The couple has been living in your home for over thirty days continuously, which provides them with protections under California’s landlord-tenant laws. The police inform you that in order to remove the couple from your home you will likely need to file eviction proceedings in court, despite the fact that they have not paid any rent to you since May 2015. The couple is holding your vacation home hostage.

You contact an attorney in order to determine how to get possession of your property back. The attorney informs you that you will have to pursue an unlawful detainer action. He explains that an unlawful detainer is a lawsuit seeking court authorization to terminate a ten­ancy. That lawsuit can also seek collection of unpaid rent. However, before you can pursue the action, you must provide the couple with notice of the intent to terminate the tenancy.

Your attorney informed you that the first step to take is to prepare a notice informing the couple that they are to vacate the premises within three (3) days of receiving the notice or pay all currently outstanding back rent.¹ This notice may be served through one of the following means: (1) personal service; (2) substitute service; or (3) if neither personal service nor substitute service can be effectuated, by affixing a copy in a conspicuous place on the property and sending a copy through the mail addressed to the couple.² It is virtually certain, based on the behavior of the couple that you will be forced to post and mail the notice, and that they will ignore the notice and continue to reside at the vacation home rent free.³ The attorney informs you that if the couple does not vacate the property within the specified time frame, they will be guilty of an unlawful detainer because they “continue [to hold the property in] possession...without the permission of [their landlord]... after default in the payment of rent...and three days’ notice, in writing, requiring its payment...”⁴

The next step is to prepare the unlawful detainer filing.⁵ The complaint for unlawful detainer must be verified, set forth the facts that you depend on in seeking recovery from the couple, describe the property with rea­sonable certainty, explicitly provide the amount of back rent owed and state the manner of service of the notice to pay rent or quit.⁶ The complaint may also explain the circumstances surrounding the couple’s fraud.⁷ Lastly, the complaint should attach the notice, and the lease that you had with the couple back in 2015.⁸ Once you have served the couple with the unlawful detainer action, they will have an opportunity to respond.⁹ Their period to respond will extend this process by at least another five days.¹⁰

Your attorney explains that the couple will hopefully ignore the complaint, allowing you to take their default.¹¹ If the couple answers the complaint, the proceedings will take additional time to complete. However, if they fail to answer, and your attorney takes their default, then you will have be able to enter a judgment against the couple and issue a writ of execution thereon.¹² If the judgment is not paid within five days, the judgment can be enforced for the full amount and for the possession of the premises.¹³ Once you have a judgment and a writ of execution, the sheriff’s department will be able to start helping you with removing the couple from your property.

This process will likely take at least two months and will cost thousands of dollars. After all this, one thing is certain—you will not leave your vacation property unat­tended again.

1. California Code of Civil Procedure §§ 1161, 1162.
2. California Code of Civil Procedure § 1162. There are requirements to attempt personal and substitute service in advance of posting and mailing the notice.
3. On the off chance that the couple actually remits payment to you for back rent, you will still have exercisable options to have them vacate the property. However, that process will be more lengthy than if the couple simply ignores the three day notice to pay rent or quit.
4. Id.
5. California Code of Civil Procedure § 1166.
6. Id.
7. Id.
8. Id.
9. California Code of Civil Procedure § 1167.3.
10. Id.
11. California Code of Civil Procedure § 1169.
12. Id.
13. California Code of Civil Procedure § 1174.

Originally published in Riverside Lawyer Magazine on June 13th, 2016.