Squatter Rights during eviction from home that has previously foreclosed and vacated (San Diego: squatters, house)

[robertmontano]

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

[Icy Tea]

I would say he's tresspassing and would be arrested.

[Paula Lynn]

I believe the bank is the new owner.

[Curmudgeon]

Originally Posted by robertmontano

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.

[nmnita]

Originally Posted by Curmudgeon

"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

[Snort]

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.

[notmeofficer]

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

[robertmontano]

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.

[DMenscha]

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.

[esmith143]

Originally Posted by DMenscha

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.