U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > California
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 06-11-2009, 02:20 PM
 
2 posts, read 46,051 times
Reputation: 17
Default Squatter Rights during eviction from home that has previously foreclosed and vacated

Hi,

My name is Robert. I am trying to find out exactly what a squatter's rights are if he moves into a house that was foreclosed and vacated by the previous home buyers, and then the bank wants to eject the squatter. I believe that the squatter is considered a trespasser and hence has no tenant rights and must leave a the will of the true owner.


Does anyone have any legal authority (case law and codes for California) on this matter? Thanks

Robert
Reply With Quote Quick reply to this message

 
Old 06-11-2009, 06:20 PM
 
10,555 posts, read 7,233,437 times
Reputation: 5100
I would say he's tresspassing and would be arrested.
Reply With Quote Quick reply to this message
 
Old 06-11-2009, 06:23 PM
 
Location: Long Beach, CA
2,074 posts, read 7,951,227 times
Reputation: 1559
I believe the bank is the new owner.
Reply With Quote Quick reply to this message
 
Old 06-11-2009, 07:08 PM
 
Location: Hills & Hollers of SW MO
18,287 posts, read 14,436,231 times
Reputation: 15899
Quote:
Originally Posted by robertmontano View Post
Hi,

My name is Robert. I am trying to find out exactly what a squatter's rights are if he moves into a house that was foreclosed and vacated by the previous home buyers, and then the bank wants to eject the squatter. I believe that the squatter is considered a trespasser and hence has no tenant rights and must leave a the will of the true owner.


Does anyone have any legal authority (case law and codes for California) on this matter? Thanks

Robert
"Squatter's rights" is a contradiction of terms. I'm not sure the codes speak directly to this issue but the term, "lawfully occupied" has been codified. Section 2929.3 of the Civil Code establishes the owner's responsibility to safequard vacant property from "trespassers and squatters." No doubt there are local codes as well.
Reply With Quote Quick reply to this message
 
Old 06-11-2009, 07:31 PM
 
Location: Bella Vista, Ark
47,264 posts, read 37,235,402 times
Reputation: 19494
Quote:
Originally Posted by Curmudgeon View Post
"Squatter's rights" is a contradiction of terms. I'm not sure the codes speak directly to this issue but the term, "lawfully occupied" has been codified. Section 2929.3 of the Civil Code establishes the owner's responsibility to safequard vacant property from "trespassers and squatters." No doubt there are local codes as well.
and it refers to situations many years ago.

Nita
Reply With Quote Quick reply to this message
 
Old 06-11-2009, 09:15 PM
 
Location: The High Seas
5,510 posts, read 6,470,220 times
Reputation: 6064
Squatters are conferred the privilege and right to diddly-squat....unless you're doing it in Costa Rica, then you claim for yourself one very nice house.
Reply With Quote Quick reply to this message
 
Old 06-12-2009, 05:54 AM
 
368 posts, read 1,076,736 times
Reputation: 422
602 PC... trespass... 459 PC Burglary

There are no squatters rights that I am aware of in the penal code.. yes the civil code does talk about an owner securing property... but that would be for code enforcement and Im not sure there is any criminal statute that applies

you call// we haul

not me
Reply With Quote Quick reply to this message
 
Old 06-18-2009, 12:40 PM
 
2 posts, read 46,051 times
Reputation: 17
Yes I agree the the squatter is really a trespasser, but I am trying to see if there is any case law or California codes that speak on how that matter is handled. LAPD said that it depends on the case. LAPD said, "If squatter moved in his whole family in, then the court will probably give him a few days to leave and if squatter is a drug addict living in a sleeping bag, then he would probably have to leave immediately." San Diego Sheriff department said they it will never eject anyone from a property without a court order. Therefore, the question is whether there are cases that speak to this situation.
Reply With Quote Quick reply to this message
 
Old 06-18-2009, 03:05 PM
 
Location: Mountain Ranch, CA The heart of Calaveras County
5,930 posts, read 10,476,414 times
Reputation: 4564
The owner of the property, in order to get a court order to remove "squatters", would have to file an unlawful detainer action in Superior Court. A trespasser (squatter) would probably have about 30 days of use of the property before the Sheriff would be on the doorstep throwing their things out in the street.
Reply With Quote Quick reply to this message
 
Old 06-18-2009, 05:30 PM
 
Location: Escondido, CA
1,504 posts, read 3,429,041 times
Reputation: 807
Quote:
Originally Posted by DMenscha View Post
The owner of the property, in order to get a court order to remove "squatters", would have to file an unlawful detainer action in Superior Court. A trespasser (squatter) would probably have about 30 days of use of the property before the Sheriff would be on the doorstep throwing their things out in the street.
I believe that the squatter is trespassing only if it can be proved that he moved into the property, 1) after the new owner took possession of it, and 2) without new owner's permission. If that's the case, the new owner can have him arrested for trespassing. However, if the squatter claims to the police that he's not a trespasser but a tenant, and he can produce any evidence, however tenuous, to support this claim (e.g. utility bills or mail addressed to him at the address of the property), they will most likely refuse to make an arrest, and you have to switch to plan B.

Plan B: if it can't be proved that the squatter is in fact trespassing, he is considered "tenant at will". First, the owner will have to give a 30 day notice to vacate to the squatter. Only after these 30 days can an unlawful detainer be filed. It will take additional 3 weeks to a month to obtain a court order. The court order is taken to the Sheriff who then goes and kicks out the squatter.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2011 data
Loading data...

123
Hide US histogram


Over $79,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > California

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top