Legal Question in Real Estate Law in California

Legal rights of a squatter (has no lease,sublease agreement nor a rental agreeme

What are the legal rights of a squatter(he has no lease,sublease agreement nor a rental agreement)? Can the landlord or master lessee justlock him/her out?


Asked on 6/12/01, 2:21 am

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Legal rights of a squatter (has no lease,sublease agreement nor a rental agr

In California, if the "squatter" is not on the property illegally (i.e., a trespasser with no authorization from anyone to possess the property), then you cannot simply lock that person out. You must seek redress through the courts, obtain a judgment for possession, then "evict" the person. Since this sounds like something other than a trespass, I suggest you contact an attorney to begin an unlawful detainer proceeding.

Even if this is a situation which could be construed as a trespass, you would still have to contact the local authorities who would probably tell you that this is a civil matter, and not a police matter.

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Answered on 6/29/01, 1:42 pm


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