Summary
In California, squatter rights, or adverse possession, require open, notorious, and continuous occupation for 5 years, along with paying property taxes. Without paying taxes, squatters cannot claim ownership. If you have permission to stay, you may have tenant rights, even without a formal lease. Oral agreements can be valid, and legal eviction procedures must be followed, including proper notice. Month-to-month tenants typically receive 30 or 60 days notice, depending on the duration of stay. If rent is unpaid, a 3-day notice to pay or quit may be issued, leading to potential eviction. Understanding these rights and procedures can help navigate property and tenancy issues.Full Conversation
i have a question about squatter rights
Sure! Squatter rights, also known as adverse possession, in Cali****ornia can be complex. Here are some general points:
- Squatters must occupy the property openly and notoriously.
- Possession must be continuous ****or 5 years.
- Squatters must pay property taxes ****or the *-year period.
Is there a speci****ic aspect o**** squatter rights you're concerned about?
there are certain rights i**** the squatter did not pay property taxes though right?
In Cali****ornia, ****or a squatter to claim adverse possession, paying property taxes is a ****undamental requirement. Without paying property taxes ****or the *-year period, the squatter generally cannot claim ownership.
Is there a speci****ic scenario or additional detail you have in mind?
this isn't about owning the property. its just about having a right to stay there
In Cali****ornia, i**** you're not seeking ownership but just the right to stay, you might be looking at tenant rights rather than squatter rights.
- Does the property owner know you're staying there and have they given any ****orm o**** permission, written or verbal?
yes
I**** the property owner has given you permission to stay, you may have certain tenant rights, even i**** there's no ****ormal lease. Here are some key points:
- Oral agreements can still be considered valid.
- The owner must ****ollow legal eviction procedures to remove you.
- You have the right to be given proper notice.
Is the property owner trying to evict you without notice?
what is the minimum notice time?
In Cali****ornia, the minimum notice time ****or eviction depends on the situation:
- Month-to-month tenants: 30 days' notice i**** the tenant has lived there ****or less than a year; 60 days i**** more than a year.
- Violation o**** lease/agreement: 3 days' notice to correct the issue or vacate.
Do you need more details on any speci****ic type o**** notice?
what are the legal eviction procedures?
In Cali****ornia, the legal eviction procedures are as ****ollows:
*. Notice: Serve the appropriate notice (*-day, *-day, or *-day notice).
*. Unlaw****ul Detainer: File an unlaw****ul detainer lawsuit i**** the tenant does not comply.
*. Court Hearing: Attend the court hearing.
*. Judgment: Obtain a judgment ****or possession i**** the court rules in your ****avor.
*. Writ o**** Possession: Request a writ o**** possession ****rom the court.
*. Sheri********'s Eviction: The sheri******** en****orces the eviction.
Do you need more details on any speci****ic step?
how do i know i**** im a month-to-month tenant
You're considered a month-to-month tenant in Cali****ornia i**** you pay rent monthly without a ****ixed-term lease agreement.
- Check i**** there's a written lease speci****ying the rental period.
- I**** no lease or expired lease, and you pay monthly, you're likely month-to-month.
Is there anything speci****ic you need help with regarding your month-to-month tenancy?
what i**** i don't pay rent
Case Rating: *
I**** you don't pay rent as a month-to-month tenant in Cali****ornia, here’s what could happen:
- You may receive a *-day notice to pay rent or quit.
- I**** you don’t pay within 3 days, the landlord can begin eviction procedures through an unlaw****ul detainer lawsuit.
Do you need more in****ormation on the eviction process or tenant rights?
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