The Trespassing Response & Remedies Act (SB 448) aims to uphold private property rights and end squatting in California. It is long overdue.

In an era when the political rhetoric falls squarely on the side of tenants, Bornstein Law rarely endorses landlord-tenant legislation because it nearly always erodes the rights of property owners. Yet we like this bill, which would establish a streamlined process for property owners to quickly escort squatters out of their properties without a costly and lengthy legal battle.

 

The legislation was introduced by Assembly Member Carl DeMaio, a firebrand conservative activist, talk-radio host and former councilmember from San Diego.

The law defines a squatter as somebody who unlawfully enters and remains in a residential property and, upon request, refuses to leave or falsely claims a legal right of possession. 

Let's go over some highlights of the measure.

  • Property owners will be able to provide an affidavit to local law enforcement stating that an individual or a group of people has unlawfully entered the premises, remains on the property after being directed to leave, and has no right to occupy the property. Armed with this sword affidavit, the police can summarily remove the trespassers.

  • The bill will create penalties for trespassers who are prone to falsifying documents, such as bogus leases, which can mislead law enforcement.

  • Likewise, the bill adds penalties to those who advertise the sale or the rent of a property without legal authority.

  • In a balancing act, the bill provides safeguards for tenants who are wrongfully evicted.

  • The bill provides an immunity provision to protect law enforcement when they make the wrong judgment call.

Some of our takeaways

We are enthused that lawmakers are looking to empower law enforcement to remove parasitic guests. Thus far, police have been hamstrung from giving squatters the boot because responding officers cannot ascertain the status of the occupants and whether the wayward residents have any legal right to be there. The police tend to dismiss it as a civil matter.

The proposed law seems to put an end to the insanity, but housing providers need to be careful about how to apply it. In many instances, the occupants may have a legitimate argument that they are entitled to occupy the premises. The broad term of “squatting” tells us nothing about the situation - we have to delve deeper.

  • Have the occupants broken in without any knowledge of the owner, and the owner has no prior relationship with them?

  • Are they licensees who are permitted to stay in the unit for a certain period, and they refuse to leave after the owner rescinds permission?

  • Are they struggling adult children given a room by their parents? Are they a caregiver or heir who lives in the unit when the tenant passes away and refuses to leave?

  • Is there a subtenant who lingers in the unit after a master tenant has vacated?

These are all questions best journeyed with legal counsel, and Bornstein Law can help untangle these rental relationships, determine what right to possession the occupant has, if any, and take appropriate action so that owners can reclaim their properties.