How to get rid of a squatter in California — the official process

How to get rid of a squatter in California — the official process

This page is a plain-language summary of the official California court process for regaining possession of real property from someone who has no right to be there. Every step below links directly to a California court, Judicial Council, or California Legislature page, or to one county sheriff's own page shown as a labeled example. This page is not for commercial property — the Judicial Council's self-help guide it is built from covers residential evictions only, not businesses or stores (source). It also does not cover adverse-possession claims (a squatter asserting an ownership right after years of open occupancy) — no official source on that specific topic was checked for this draft, so it is left out rather than guessed at.

This page is general information, not legal advice. It is a summary of publicly available official sources, linked at every step. Every situation is different — talk to a licensed attorney about yours.

California requires a court process and a sheriff or constable to remove an occupant. Changing the locks, shutting off utilities, removing belongings, or using threats to force someone out is illegal in California, even if that person has no right to be there.

Step 1 — Figure out what kind of occupancy this actually is

California law treats a few different fact patterns differently, and the path you're on depends on which one applies:

• A tenant who has fallen behind on rent, broken a lease term, or stayed after their tenancy ended is covered by California's unlawful detainer statute. It applies when someone "continues in possession... after the expiration of the term for which it is let," or after defaulting on rent following a written notice (Code of Civil Procedure §1161).
• Someone who entered by force, or who was let in peaceably and then refuses to leave using force or threats, falls under California's "forcible entry" statute (Code of Civil Procedure §1159).
• Someone who unlawfully holds onto possession by force or threats, or who entered at night or while the property was unoccupied and refuses to leave after a five-day demand to surrender it, falls under California's "forcible detainer" statute (Code of Civil Procedure §1160).
• Entering and occupying real property or a structure without the owner's, the owner's agent's, or the lawful occupant's consent is also, separately, a misdemeanor under the Penal Code's trespass statute (Penal Code §602(m)). Refusing to leave after the owner or a peace officer asks is a separate misdemeanor basis under the same statute (Penal Code §602(o)).

All of these — forcible entry, forcible detainer, and ordinary landlord-tenant unlawful detainer — sit inside the same chapter of the Code of Civil Procedure, titled "Summary Proceedings for Obtaining Possession of Real Property in Certain Cases" (§§1159–1179a). That means the same superior court and the same general kind of case (an unlawful detainer action) is used to recover possession either way. What the Judicial Council's self-help guide walks through step-by-step, with sample forms, is the landlord-tenant version (§1161). It does not publish an equivalent form-by-form walkthrough for a pure forcible-entry or forcible-detainer case against someone who was never any kind of tenant. If that is your situation, the general shape of the process below still applies, but the notice and pleading details are different enough that this is a place to talk to a lawyer rather than rely on a self-help form.

Official source: Eviction cases in California (California Courts Self-Help Guide) · Code of Civil Procedure §1159 · §1160 · §1161 · Penal Code §602

Step 2 — Give the written notice the law requires

Before a landlord-tenant case can be filed under §1161, the law requires a written notice first. The type of notice depends on the reason: a 3-day notice to pay rent or quit for unpaid rent, a 3-day notice to perform covenants or quit for a fixable lease violation, a 3-day notice to quit for serious problems like illegal activity or major damage, or a 30-day or 60-day notice to end a month-to-month tenancy. Each notice type has its own required contents and its own counting rules for the deadline (for example, a 3-day notice to pay rent or quit does not count weekends or court holidays; a 3-day notice to quit for serious problems does). A separate statute — the Tenant Protection Act — can require "just cause" and, in some cases, relocation assistance before a tenant of 12 months or more can be asked to leave.

For a forcible-detainer scenario under §1160(a)(2) specifically — someone who unlawfully entered at night or while the property was unoccupied — the statute itself describes a five-day demand for the person to surrender the property, which is a different mechanic than the 3/30/60-day notice ladder built for tenants.

Official source: Give your tenant notice (California Courts Self-Help Guide) · Choose the right type of eviction notice (California Courts Self-Help Guide) · Code of Civil Procedure §1160 · §1161

Step 3 — File the unlawful detainer case in superior court

Once the notice deadline has passed without the occupant paying, fixing the problem, or moving out, the next step is filing court forms in the superior court for the county where the property is located. The Judicial Council's self-help guide lists three forms to start the case: Summons – Unlawful Detainer-Eviction (form SUM-130), Complaint – Unlawful Detainer (form UD-100), and a Civil Case Cover Sheet (form CM-010). The filing fee is stated as $240 to $450, and a fee waiver is available for people who can't afford it. Every occupant — not just people named on a lease — should be listed, because leaving someone off can let them stop the eviction later and force a restart.

Official source: Fill out forms to start an eviction case (California Courts Self-Help Guide) · Eviction forms (California Courts Self-Help Guide) · Form SUM-130 · Form UD-100 · Form CM-010 (Judicial Council of California)

Step 4 — Serve the papers on every occupant

California law does not let the property owner hand-deliver the papers themselves — an adult who is not part of the case has to serve them. Personal service (handing the papers directly to the person) is required first; if that fails, a server can leave the papers with another adult at the home or workplace and mail a copy (substituted service, complete 10 days after mailing); if that also fails, a judge can allow posting the papers at the property and mailing a copy (also complete 10 days after mailing). The server then fills out a Proof of Service of Summons (form POS-010) and files it with the court.

For a squatter situation where the owner doesn't know exactly who is occupying the property, California law provides a specific tool: a Prejudgment Claim of Right to Possession (form CP10.5), served alongside the Summons and Complaint on any unknown adult occupants at the property, so they are bound by the case even if they were never individually named.

Official source: Serve the Summons and Complaint forms (California Courts Self-Help Guide) · Form CP10.5 — Prejudgment Claim of Right to Possession (Judicial Council of California) · Code of Civil Procedure §415.46

Step 5 — What happens next depends on whether the occupant responds

After being served, the occupant has a deadline to file a response with the court — commonly 10 court days if the papers were handed to them directly, or longer if service was by the substituted or posting methods. If they file an Answer (form UD-105), either side can ask for a trial date. If they don't respond by the deadline, the property owner can ask the court for a default judgment — a decision without a trial.

Official source: Fill out an Answer form in an eviction case (California Courts Self-Help Guide) · Eviction forms (California Courts Self-Help Guide) · Form UD-105 (Judicial Council of California)

Step 6 — The judge's decision (judgment)

If the property owner wins — whether at trial or by default — the court issues a Judgment (form UD-110), and the judge may also assess damages, including any statutory damages of up to $600 for a forcible entry or forcible or unlawful detainer where malice is shown, on top of actual damages and any unpaid rent. If the occupant wins, they stay, and the owner may have to pay the occupant's court costs.

Official source: After the eviction trial decision (California Courts Self-Help Guide) · Code of Civil Procedure §1174 · Form UD-110 (Judicial Council of California)

Step 7 — Writ of possession and the sheriff's lockout

Winning the judgment doesn't remove the occupant by itself. The property owner must fill out and file a Writ of Execution (form EJ-130), take it to the sheriff's office, and — per the Judicial Council's self-help guide — call the sheriff first to check that office's own process and requirements. The sheriff then posts a Notice to Vacate giving the occupant five days to move. If the occupant hasn't moved by the deadline, the sheriff can come back, remove them, and lock them out. Any occupant who was at the property when the case was filed but was never named in the judgment can still file a Claim of Right to Possession, at any point up until the sheriff actually carries out the eviction, to raise their own objection.

As one county's own example: the Santa Barbara County Sheriff's Office describes the writ of possession as "commonly referred to as the 'eviction writ'" and states it "may be issued at the conclusion of a civil action for unlawful detainer." Its process requires the original writ plus copies and the correct fee before the office will serve or post the Notice to Vacate, and it requires the landlord's agent to meet the deputy at the property — with a locksmith or key — on the scheduled date to complete the "restoration" (the lockout); if the deputy can't get into the property, the restoration doesn't happen that day. Contact your own county sheriff's civil or eviction unit directly, since forms, fees, and scheduling are handled by each county separately.

Official source: After the eviction trial decision (California Courts Self-Help Guide) · What happens if you lose your eviction case (California Courts Self-Help Guide) · Code of Civil Procedure §1174.3 · Form EJ-130 (Judicial Council of California) · Civil Unit – Eviction Information Sheet — Santa Barbara County Sheriff's Office (one county's own page, shown as an example — check your own county sheriff for its process)

What you cannot do

Drawn directly from the statutes and official court pages above:

• You cannot lock the person out yourself. The self-help guide states plainly: "A landlord cannot lock a tenant out, shut off utilities, or throw out their belongings to make them leave." (source)
• You cannot shut off gas, water, or heat to force someone out. (source)
• You cannot remove or throw out someone's belongings to make them leave. (source)
• You cannot use force, violence, or threats to remove someone or to keep them out — doing so is what the statutes define as forcible entry or forcible detainer, which the property owner can be found guilty of just as an occupant can. (Code of Civil Procedure §1159, §1160)
• A court can award statutory damages of up to $600, plus actual damages, against whoever is found guilty of a forcible entry or a forcible or unlawful detainer where malice is shown — a consequence that applies in both directions. (Code of Civil Procedure §1174)
• You cannot evict a tenant for an illegal reason, such as discrimination or retaliation for reporting a problem. (source)

FAQ

Do I need a lawyer to get rid of a squatter in California? This page can't tell you what your specific situation requires — that's a judgment call for a lawyer, not a summary page. What the official self-help guide itself says is that "eviction cases are detail-heavy," that "even small mistakes can make you lose and start over," and it repeatedly points readers to a lawyer or their court's self-help center before filing. (source)

Can I just change the locks or shut off the water since they have no right to be there? No. The self-help guide states this directly, without carving out an exception for someone who was never a tenant: locking someone out, shutting off utilities, or removing their belongings to force them out is not allowed, and doing so can mean owing a penalty. (source) Separately, the Code of Civil Procedure defines "forcible entry" and "forcible detainer" as things a person is "guilty of" — and those definitions do not require the person committing them to be a tenant, meaning a property owner who uses force can be exposed to that same statute. (source)

What's the legal difference between a "squatter" and a tenant who won't leave? "Squatter" isn't a term defined in the statutes or the official court pages checked for this guide. What the law does define: a person who was a lawful tenant and stays after their tenancy ends, or after defaulting on rent following notice, is covered by the unlawful detainer statute. (source) Someone who was never given permission to be there, and who occupies the property without the owner's or lawful occupant's consent, falls under the separate forcible entry and forcible detainer statutes (source) and is separately committing a misdemeanor trespass under the Penal Code. (source)

How much does it cost to file the court case? The Judicial Council's self-help guide states the filing fee is "usually $240–$450," with the amount depending in part on how much past-due rent is being claimed, and that a fee waiver can be requested by someone who can't afford it. (source)

What happens if the occupant still won't leave after the judge rules against them? The property owner files a Writ of Execution and takes it to the sheriff. The sheriff posts a Notice to Vacate giving the occupant five days to move; if they don't move by then, the sheriff can return, remove them, and lock them out. (source) One county's own page — the Santa Barbara County Sheriff's Office — describes the same underlying mechanism: the writ of possession ("the eviction writ") leads to the Notice to Vacate being served or posted, followed by a scheduled "restoration" where the deputy and the landlord's agent regain possession of the property. (source)

This page is general information, not legal advice. It is a summary of publicly available official sources, linked at every step. Every situation is different — talk to a licensed attorney about yours.

Sources checked on 2026-07-28 (re-checked 2026-07-29)

How to read this table. An HTTP 200 means a server answered — it does not mean the page contained the law. Several official sites (California's leginfo, Texas's statutes.capitol.texas.gov, and the State Bar lookups) render entirely with JavaScript, so a plain fetch returns an empty shell that still reports 200. Recording those as "verified" would be a false pass, so this table says exactly how each source was checked and by whom.

Seven of the sources above are California statute sections on leginfo, which serves no text to a plain fetch. Section 1161 was opened in a real browser and its text confirmed present; the other six were not, and are marked accordingly rather than presented as checked.