A WORD ABOUT SQUATTERS!
I was having a couple of brewskies with my good pal, John Cano, and we came to the topic of squatting rights...I know what you're thinking...we should of been talking about football instead, but crazy me, I got hooked when John told me about a story of a water well on his father's land that was being solely used by his neighbor. John's father also wanted to use the well since it was on his land and his other water well was getting dried up where dirt and tiny rocks were coming out of his shower and kitchen faucet, but he rudely discovered that he was not permitted to use the well even though it was on his property. John's father took this matter to court and eventually lost the case because according to the California law-books, his neighbor had squatter's rights, which allowed him full access of the well, whereas, John's father did not. I couldn't believe my ears, so I decided to do some research into this matter since I too was a owner of some rental property myself. This is what I learned:
Squatter's Rights also known as Adverse Possession is title to land acquired as a result of the lapse of the Statute of Limitations for Ejectment, which has the commencement of a lawsuit by the owner to recover possession of the land. Since the owner has, by his or her own fault, neglect or failed to protect the land against hostile actions of Adverse Possession, who has treated the land as his or her own property for a significant period of time, is recognized as his or her property.
Requirements:
The following elements must be met for Adverse Possession-1) Actual occupation of the land with the intent to keep the land for oneself, which includes planting, harvesting crops, cutting or selling timber are actual possessions. 2) Non-permissive use of property. 3) Open and Notorious to the public 4) Continuous use of property 5) Exclusive Adverse Possession-claimant has had exclusive possession of the land meaning sole physical occupancy, any physical improvement of the land for example, construction of fences or houses are evidence of exclusive possession.
California Squatter's Rights-taking over vacant homes without the owner's permission and if they lived there long enough and owner does nothing about it, the squatter could end up owning the property. The squatter must make continuous payments of property taxes for approximately 5 years.
(Some jurisdiction may hesitate to immediately chase squatters off a property if they have a seemingly authentic property claim).
Gaining tenant's rights-any written, oral or implied rental contract, which also includes watching over or making repairs to property.
Local-landlord tenant laws could govern any eviction process, which is a lengthy process in some cases some landlords have given squatters cash payment to move out.
"No Fault" eviction-include capital improvements, demolition, owner move-in or substantial rehabilitation. Tenant can request relocation payments from landlord at approximately $320 a day.
A Ellis Act eviction-is a no fault eviction and owner must either move in or take the property off the rental market.
The following are "Just Cause" for eviction:
1) Non-payment of rent or habitual late payment.
2) Breach or violation of rental agreement.
3) Nuisance or damage of unit.
4) Illegal use of the unit.
5) Termination of rental agreement and tenant has refused to execute an extension.
6)The tenant has (after written notice to cease) refused for the landlord access to the unit as required by law.
7) Unapproved sub-tenant.
8) Move-in of landlord or relative. Relocation payments of tenant may be required.
9) Demolition or removal of unit/relocation payments.
10) Capital improvements or rehabilitation-relocation payments.
Eviction Process:
1st Eviction-landlord give eviction notice, 3-60 days (30 days if tenant has less than 1 year) generally 3-day notice for fault eviction otherwise 60 days.
2nd Eviction-If tenant does move after first notice then landlord serves 2nd notice through court.,
Tenant challenges eviction through the court system. Landlord issues a "Summons + Complaint for Unlawful Detainer". Tenant must respond in 5 days or has given up rights. Tenant must file an "Answer" in 4-6 weeks and demand a court trial.
Court rules either in favor of landlord and tenant.
If landlord wins, sheriff posts final eviction notice and evicts tenants at the end of notice period.
Eviction without the court system can only be conducted for a sole lodger living with the owner.
3rd Notice-Sheriff receives a court order and posts a "Notice to Vacate" on your door. After expiration of notice the sheriff will remove you.
California Code Section 709.3-A landlord cannot put out your belongings or turn off the utilities and is liable for any damages as well as $100 a day in penalties.
So I guess this confirms John's story of his father's water well and now has me concern of my own property...but that's another story!
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