Squatters & Unauthorized Occupants in Oakland

Finding someone living in a vacant unit, or a person who stays on after a resident leaves, is stressful. The most important thing to know is that the right response depends on the person’s legal status, and getting it wrong can make the situation longer and more expensive. This page is a general overview, not legal advice.

Trespasser, Guest, or Tenant?

• Trespasser. Someone who entered without permission and never had any rental arrangement. Trespass is generally a police matter under California Penal Code section 602.
• Tenant or occupant with a claim. Someone who has a lease, paid rent, was let in by a resident as a subtenant or roommate, or otherwise has an arrangement — even an informal one — may have tenant rights. In that case, removal generally requires a court eviction (an unlawful detainer), and in Oakland the Just Cause rules may apply.
• It isn’t always clear. Occupants sometimes show a lease or receipts. When police can’t tell who is right, they will often treat it as a civil matter and direct the owner to court.

A Common Myth: “Squatters’ Rights”

Taking ownership through “adverse possession” in California is very hard. Among other requirements, the occupant generally must possess the property openly and continuously for five years and pay the property taxes during that time (Code of Civil Procedure section 325). Living in a unit for a few weeks or months doesn’t give anyone ownership. But it can create occupant rights that must be handled through the proper legal process.

What Owners Can Do

• Act quickly. The sooner a situation is addressed, the simpler it usually is.
• Stay safe. Don’t confront occupants. Call 911 for emergencies or crimes in progress, or the Oakland Police non-emergency line at (510) 777-3333.
• Document everything. Dates, photos, how entry happened, utility records, and copies of any leases or move-out records for the unit.
• Use a trespass authorization letter. California law lets an owner give police a notarized written request, on the agency’s form, so officers can act on trespassers when the owner isn’t there. Since 2024, these letters can cover up to 12 months in certain situations, such as when the owner is absent.
• Call an attorney when there’s any claim of tenancy. If the occupant claims a right to be there, an unlawful detainer may be the only lawful route.

What Owners Must Not Do

California prohibits “self-help” evictions. Changing locks, removing doors or belongings, shutting off utilities, or using threats to force someone out can expose an owner to liability — especially if the person turns out to have tenant rights. In Oakland, the Tenant Protection Ordinance also applies once someone is a tenant. Let the police or the courts do their jobs.

Preventing Squatting in Vacant Units

• Turn vacant units quickly — the best protection is a qualified resident
• Inspect vacant units regularly, and keep entry points, windows, and gates secure
• Use good exterior lighting and post “No Trespassing” signs where appropriate
• Keep a current trespass authorization letter on file with police for vacant or closed properties
• Control keys and lockbox codes, and change locks between residents
• Ask residents and neighbors to report unusual activity

How OPM Helps

• Regular inspections and securing of vacant units in the buildings we manage
• Documenting the situation and coordinating with the Oakland Police Department
• Preparing trespass authorization paperwork for your signature
• Coordinating with your attorney when a court process is needed, and keeping the rest of the building running smoothly in the meantime

We never use lockouts, utility shutoffs, or other self-help measures, and we can’t guarantee how long a particular situation will take to resolve.

Sources

• California Penal Code section 602 (trespass)
• California Code of Civil Procedure section 325 (adverse possession)
• City of Oakland — Report a crime
• City of Oakland — Tenant Protection Ordinance

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