In a recent report by FOX 11, the growing issue of property damage caused by squatters in the Los Angeles area has been highlighted. California law allows individuals who occupy a property for 30 days to claim potential tenant rights, complicating matters for property owners.
One notable case involves a mansion in Hollywood Hills that was once rented by Grammy-winning artist Mary J. Blige. The entire property has now been covered in graffiti. Back in March, a $5 million home in Beverly Hills was also occupied by squatters, leading the real estate agent to call the police. Unfortunately, the police classified the situation as a civil dispute because the squatters presented documents claiming they had a rental agreement.
In September, two more Hollywood Hills mansions fell prey to squatters, including property owned by John Powers Middleton, son of Philadelphia Phillies owner John S. Middleton.
The phenomenon of squatters presenting false documents is not uncommon. Daniel P. Phillips, a partner at Belkin, Burden & Goldman, notes that these individuals often produce fake rental agreements or concoct stories about how they were allowed to stay by the property owner.
Laws regarding squatters can vary significantly from state to state. In California, a squatter can acquire tenancy rights after living on a property for 30 days. Additionally, if they continuously pay property taxes on a site for five years, they may gain ownership through ‘adverse possession.’
Several law firms in California emphasize on their websites that while ownership cannot be granted to squatters after 30 days, they can gain rental rights. If a property owner serves a written notice to vacate and the squatters do not leave, the owner must file an unlawful detainer lawsuit, a process that typically takes several months to resolve.
Adverse possession, often referred to as ‘squatter’s rights,’ is not a unique law to California, but each state has different requirements and time frames for claiming such rights. It is important to note that adverse possession can arise unintentionally; for instance, if a homeowner mistakenly builds a fence on their neighbor’s property, they may be able to claim ownership of that portion through adverse possession.
Each state has its own specific requirements, with public and obvious occupation being a common criterion. However, the duration of occupancy needed for claims varies. According to FindLaw.com, California requires five consecutive years of residence and tax payments.
Flash Shelton, a California resident who has delved deep into the state’s squatter laws, has firsthand experience; his mother’s home was occupied by squatters. After engaging law enforcement and learning they regarded the situation as a civil matter, Shelton, who calls himself a “Squatter Hunter,” turned the tables after thoroughly researching the laws.
“In just a few days, I learned everything I could about squatters and realized if I established my rights to the property first, I could flip the situation,” he explained. “I became the squatter, locked them out, set up security cameras, and warned them that if they entered again, I would take legal action. That was enough.”
Shelton’s story gained traction on social media, and he now assists others in situations similar to his mother’s. He expresses concern about the lenient approach some states take towards squatters gaining rental rights. Shelton advocates for a clear distinction in the law, suggesting that anyone who enters a property illegally, regardless of how long they stay, should be treated as a criminal.
