In a recent coverage by FOX 11, incidents of properties being vandalized and occupied by squatters are becoming alarmingly frequent across California. Under the state’s squatters’ rights law, individuals can gain potential tenancy rights after residing in a property for just 30 days.
One striking example involves a Hollywood Hills mansion, once leased by Grammy Award-winning artist Mary J. Blige, now completely covered in graffiti. Earlier this year, a $5 million Beverly Hills home was similarly occupied. The real estate agent representing the property even called the police, but the situation was deemed a civil dispute as the squatters presented what they claimed were rental agreements.
In September, two additional Hollywood Hills homes were overtaken and vandalized, belonging to John Powers Middleton, the son of movie producer and Philadelphia Phillies owner John S. Middleton.
It’s not uncommon for squatters to produce forged documents. Daniel P. Phillips, a partner at Belkin, Burden and Goldman, emphasized that many squatters come forward with fake lease documents or fabricated stories about how they gained access to the property and were allowed to stay by the landlords.
Laws regarding squatters vary significantly from state to state. In California, if a squatter resides at a property for 30 days, they can formally claim tenancy rights. Should they continue to pay property taxes on the land for five years, they could potentially take ownership through a legal doctrine known as adverse possession.
Several law firms in California have clarified on their websites that while ownership rights cannot be granted to squatters after 30 days, tenancy rights can. Once a landlord serves a written notice to a squatter to vacate, if they refuse to leave, the landlord must file an unlawful detainer lawsuit, a process that can take months to resolve.
Adverse possession, often referred to as “squatters’ rights,” is not exclusive to California, but the timelines and requirements for claiming such rights differ widely by state. Adverse possession does not always involve squatters; it can occur inadvertently as well. For instance, if a homeowner mistakenly builds a fence on a neighbor’s property, they might later claim adverse possession for the land encroached upon.
Each state has its own standards, including that the possession must be open and notorious, though how long a squatter must occupy the land varies. According to FindLaw.com, California requires continuous residence and tax payments for five years.
Flash Shelton, a California resident who has delved into the state’s squatters’ rights laws, found himself at odds with squatters occupying his mother’s home. When contacting law enforcement, he was told that it was a civil matter. Identifying as a “Squatter Hunter,” he researched the laws and flipped the narrative.
“In just a few days, I learned everything there was to know about squatters. I realized that if I could establish my rights before them and then switch roles to become the squatter, it could work,” he stated. “I became the squatter, locked them out, set up surveillance cameras, and warned them that if they trespassed again, I would sue. That was enough.”
Shelton’s story quickly went viral on social media, and now he offers support to others facing similar predicaments. He expressed concerns about states that are lenient toward squatters, as these individuals can gain tenancy rights. He advocates for a legal distinction, arguing that if someone illegally enters a property, regardless of how long they stay, it should be treated as a criminal act.
