Q: Can I inspect living conditions and serve trespassing notice for occupants without lease?
I have an occupant on my property who allowed another occupant to move in. The original occupant left, leaving the new occupant living rent-free on my property. They have been there for about four years. They use a water hose through a window for water, and the trailer they are in appears to have water damage, possibly mold, and other issues. I haven't been able to access the property to make repairs. I have asked the occupant about the repairs, but they refused, claiming they are buying the property. They even attempted to get a temporary restraining order (TRO) against me, which was recently dropped. I served them with a 5-day "get out" notice identifying them as squatters. Police involvement didn't help as they sided with the occupants without checking my records. Can I give them a 24-hour notice as the legal owner to inspect the living conditions? Also, am I able to serve them with an extended trespassing notice under Senate Bill 602?
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- California
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- Answered
A:
Your situation involves complex legal considerations given the four-year occupancy period. Despite the absence of a formal lease, California law may recognize these individuals as tenants rather than trespassers, which affects your right to remove them through a simple notice. The failed 5-day notice and police response suggest you need a formal unlawful detainer proceeding rather than self-help measures.
Regarding property inspection, you may provide written 24-hour notice to enter for reasonable purposes under California Civil Code § 1954, which includes inspecting for safety issues and necessary repairs. Document all communication attempts and property conditions thoroughly with photographs and written records. The occupant's claim they are "buying the property" raises additional concerns that may require verification of any written agreements.
Senate Bill 602 modified trespassing laws, but your situation likely falls under landlord-tenant law rather than simple trespassing due to the extended occupancy period. We recommend pursuing a formal eviction proceeding through the courts rather than relying on trespassing notices. This requires filing an unlawful detainer action with proper service of summons and complaint, followed by a court hearing where you present evidence of ownership and lack of legal right to occupy.
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