To get rid of a squatter in California, you have to file an unlawful detainer lawsuit, win a judgment for possession, and have the county sheriff enforce a writ of possession. There is no legal shortcut. You cannot change the locks, cut the power, or move their belongings to the curb, and in most cases police will not force someone out once they have settled in. The whole process usually takes several weeks, and the sooner you start, the better.
Try the Police First Only If the Break-In Is Fresh
Before starting a lawsuit, it is worth knowing when police can act. California Penal Code 602 makes it a misdemeanor to enter or remain on someone else’s property without permission after being told to leave by the owner or a peace officer.1California Legislative Information. California Penal Code 602 If you discover someone who just broke into a vacant property and you can show clear proof of ownership, officers may remove them as a criminal trespasser.
Once the occupant has any foothold, though, expect police to back off. If the person claims permission, produces a fake lease, or has been there long enough to receive mail, officers will almost always tell you it is a civil matter. From that point forward, the unlawful detainer process is the only path.
Step 1: Serve a 3-Day Notice to Quit
Every unlawful detainer case begins with a written notice. For a squatter who never had a lease or any right to be on the property, the correct document is a 3-Day Notice to Quit, sometimes called a 3-Day Unconditional Notice to Quit.2Judicial Branch of California. Types of Eviction Notices It tells the person to leave within three days, with no option to pay rent or cure anything. Include the property address, a clear demand to vacate within three days, and the names of every adult occupant you can identify.
Delivery matters as much as content. The strongest method is handing the notice directly to the squatter. If that isn’t possible, you can leave it with another adult at the property and mail a second copy. As a last resort, post it in a visible spot on the property and mail a copy. Whichever method you use, write down who served it, when, where, and how. A defective notice is one of the most common reasons unlawful detainer cases get thrown out.
Step 2: File the Unlawful Detainer Lawsuit
If three days pass and the squatter has not left, you file suit. California uses standardized Judicial Council forms. The core documents are the Complaint—Unlawful Detainer (Form UD-100), the Summons—Unlawful Detainer (Form SUM-130), and the Civil Case Cover Sheet (Form CM-010).3California Courts. UD-100 Complaint – Unlawful Detainer All are free to download from the California Courts website.
List yourself as plaintiff and name every adult occupant you can identify as a defendant. Squatter cases get tricky here because you often don’t know everyone’s name. When unknown people are living at the property, serve a Prejudgment Claim of Right to Possession (Form CP10.5) with the summons and complaint.4Judicial Branch of California. Prejudgment Claim of Right to Possession CP10.5 This form gives unnamed occupants a chance to come forward and join the case. Without it, your final writ may not cover everyone on the property, and you could be forced to start over.
File the completed forms with the superior court clerk in the county where the property sits. The clerk stamps the papers, assigns a case number, and issues the summons. Filing fees for most squatter cases fall in the range of $225 to $435.5California Courts. Statewide Civil Fee Schedule
Step 3: Serve the Papers
The squatter must be formally served with the lawsuit. You cannot do this yourself. Someone who is not a party to the case, typically a professional process server or a sheriff’s deputy, must deliver a copy of the stamped summons and complaint. Process servers usually charge $20 to $100 for standard service. Whoever completes service fills out a Proof of Service of Summons (Form POS-010) and files it with the court.6Judicial Branch of California. Proof of Service of Summons POS-010
How the papers reach the squatter changes their response deadline. Handed directly to the squatter, the response window is 10 court days, excluding weekends and court holidays. Served by substituted service or by posting and mailing, the squatter gets 20 days from the date of mailing.7Judicial Branch of California. Summons – Unlawful Detainer – Eviction SUM-130 Personal service is worth the extra effort because it roughly halves the timeline.
Step 4: Get a Judgment
Once served, the squatter can file an Answer—Unlawful Detainer (Form UD-105).8Judicial Branch of California. Fill Out an Answer Form in an Eviction Case If no answer arrives by the deadline, you can ask the court to enter a default judgment and win without a trial. If they do answer, the court sets a trial. Unlawful detainer cases are treated as priority matters, so trials are usually scheduled within about 20 days of the request.
One trap catches many property owners. Before a court will enter a default judgment, federal law requires an affidavit stating whether the defendant is in military service. Under the Servicemembers Civil Relief Act, the court cannot enter default until you confirm the defendant’s military status or state that you were unable to determine it.9Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The Department of Defense runs an online database you can search. Skipping this affidavit will stall your case.
Step 5: Writ of Possession and Sheriff Lockout
After a judgment in your favor, request a Writ of Possession from the clerk. This is the document that authorizes the sheriff to physically remove the squatter. Take the writ to the county sheriff’s department. Deputies post a notice at the property giving the squatter five days to leave voluntarily.10County of Del Norte, California. Writ of Possession Instructions If the squatter is still there when the five days end, deputies return, remove them, and formally restore possession to you. The sheriff’s office charges a fee that varies by county.
Until the sheriff actually executes the writ, the squatter still has legal protections. Any self-help removal you attempt at this stage can expose you to liability and, worse, restart the clock on the whole case.
If the Squatter Asks for More Time
Even after losing, a squatter can ask the court for a stay of execution, a delay before the sheriff carries out the removal. A stay can last up to 40 additional days, though shorter extensions are more common.11Judicial Branch of California. Ask for More Time to Move To qualify, the squatter must request the extension at least one court day before the move-out deadline on the sheriff’s notice, notify you at least 24 hours before the hearing, and bring money to cover the daily rental value for each extra day requested.
You cannot block the request, but courts do not grant these automatically. Judges weigh hardship on both sides. If you show that the delay is costing you money or that the squatter has no legitimate basis for extra time, the request is often denied or shortened. Attend the hearing and be ready to make your case.
What You Cannot Do Yourself
California Civil Code 789.3 specifically prohibits owners from forcing an occupant out by changing locks, removing exterior doors or windows, shutting off utilities, or removing personal property without consent.12California Legislative Information. California Civil Code 789.3 These rules apply even when the person has no legal right to be there.
The penalties are steep. An owner who takes any prohibited self-help action is liable for the occupant’s actual damages plus $100 for each day the violation continues, with a floor of $250 even for a single incident.12California Legislative Information. California Civil Code 789.3 An illegal eviction attempt will also likely derail your unlawful detainer case and force you to start over. The court process is the fastest path, even when it does not feel fast.
Handling Belongings Left Behind
After the squatter is gone, you may find personal items still at the property. California law restricts what you can do with them. Send the former occupant a written notice describing the abandoned property and setting a deadline to claim it. Hand-delivered, the notice must give at least 15 days. Mailed, the deadline extends to at least 18 days.13California Legislative Information. California Civil Code 1984 The notice must state where the items can be picked up and warn that unclaimed property will be disposed of. If nothing is claimed by the deadline, you can sell or dispose of the items.
Why Every Month of Delay Matters
The worst outcome for an owner who ignores a squatter is losing the property entirely through adverse possession. In California, a squatter who openly occupies property for five continuous years and pays all property taxes during that period can file a legal claim to ownership. The occupation must be open, continuous, and without the owner’s permission for the full five years, and every year’s taxes must be paid on time.
Five years sounds long, but owners of vacant or inherited property often do not discover the problem for years. Once you know someone is on your property without permission, serve the notice and start the unlawful detainer process right away. Fighting an adverse possession claim later costs far more than a straightforward eviction now.