A recent report by FOX 11 highlights an increasing trend of squatters illegally occupying properties in the Los Angeles area, raising alarm about the state’s squatter laws that grant potential tenant rights after just 30 days of residency.
One notable case involves a luxury home in Hollywood Hills that was once leased by Grammy-winning artist Mary J. Blige. This property is now entirely covered in graffiti. Earlier this year, a $5 million home in Beverly Hills suffered a similar fate when squatters took over. The real estate agent representing the property contacted the police, but officers classified the situation as a civil dispute after the squatters presented what they claimed were rental agreement documents.
In September, two more Hollywood Hills homes were invaded and vandalized by squatters, belonging to John Powers Middleton, the son of Philadelphia Phillies owner John S. Middleton.
The use of fraudulent documents by squatters is not uncommon. Daniel P. Phillips, a partner at Belkin, Burden & Goldman, revealed that these individuals often present fake lease agreements or concoct stories about how they were allowed to access the premises.
Squatter laws vary by state. In California, if a squatter occupies a property for 30 days, they can obtain tenant rights. Furthermore, if someone continuously pays property taxes for five years, they might gain ownership through “adverse possession.”
Several law firms in California clarify on their websites that while ownership cannot be granted to squatters after 30 days, they can acquire rental rights. If a landlord issues a written notice for the squatter to vacate and they refuse to leave, the landlord must initiate an unlawful detainer lawsuit, a process that can take several months to resolve.
Adverse possession, often referred to as “squatter’s rights,” is not unique to California, but the timeframe and requirements for claiming this right differ across states. It doesn’t always involve trespassing squatters; it can happen inadvertently. For instance, a homeowner who mistakenly builds a fence over their neighbor’s property line could potentially claim adverse possession for that area.
Each state has specific requirements, including the need for the occupation to be open and notorious. However, the exact duration of possession that qualifies a squatter’s claim varies. In California, a continuous residence and tax payment period of five years is required.
Flash Shelton, a California resident who has deeply researched the state’s squatter laws, found himself embroiled in a situation when squatters occupied his mother’s home. After engaging with law enforcement and learning they could only address this as a civil matter, he decided to turn the tide in his favor.
“In just a few days, I learned everything there was about squatters,” he shared. “I realized that if I could establish my rights to the house before them and then flip the script by becoming a squatter myself, it could work.” He went on to lock them out, set up surveillance cameras, and warned them that he would take legal action if they attempted to re-enter.
Shelton’s story gained traction on social media, and now he aids others facing similar predicaments. He expressed his hope that more punitive measures will be enacted against squatters, especially in states that currently offer them tenant rights, arguing that anyone illegally entering a home should be treated as a criminal regardless of how long they stay.
