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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37045
Experience:  Texas Attorney for 30 years dealing in real estate
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How do I obtain squatter's rights of my rental?

Customer Question

How do I obtain squatter's rights of my rental?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

They have made it very difficult here in California. You must not only be occupying the property to gain legal possession of it, but you must also have made the property tax payments for 5 consecutive years to have a claim. Although they do not need to be continuously living on the property, then do need to be continuously maintaining the property. Squatters in California will typically pursue some form of tenancy rights instead of seek out adverse possession. By claiming oral contracts or rental agreements, a court may find that they may be entitled to the rights of a regular tenant, even if they are there without permission. If this occurs, a property owner will have to go through the full eviction process as they would with any other non-paying tenant.

This would allow you extended time on the property even if you cannot successfully claim ownership unless you pay the property taxes.This might be your best chance here to force them to try and evict you and this can take six months to a year sometimes.

Unless you can afford to pay the property taxes this is the best you can do here.

If you can live here say a year rent free thats a pretty good deal here.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

This is article about California changing law to require payment of property taxes in order to claim adverse possession..

0/01/governor-signs-anti-squatter-bill-despite-protest-from-tenant-advocates

Expert:  Ray replied 1 year ago.

You can still claim tenant status here and seek to force them to go through formal notice and eviction.This may buy you up to a year here until eviction is completed.

Thanks again.

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