Trespassing: removal of trespassers on residential property.

Senator Umberg's residential trespassing legislation establishes new procedures for removing unauthorized occupants from California properties while creating protections against fraudulent removals. The bill defines "squatters" as individuals who unlawfully enter and remain in residential properties without consent, distinguishing them from tenants or others with legitimate claims to occupancy.

Property owners must serve unauthorized occupants with a formal demand to vacate that includes specific property details and owner contact information. After 72 hours, owners may request removal assistance from local law enforcement by submitting documentation of ownership, proof of proper notice, and a sworn statement attesting to the unauthorized status of the occupants. Law enforcement agencies must then verify the request and remove unauthorized occupants, with the option to charge reasonable fees for these services.

The legislation includes safeguards against misuse, making fraudulent removal attempts punishable as either misdemeanors or felonies. Individuals wrongfully removed may pursue civil action to regain possession and recover damages equal to three months' rent plus related expenses. Local law enforcement retains authority to address other violations, including trespassing, burglary, or resisting arrest, while processing removal requests.