Trespassing: removal of trespassers on residential property.

Assembly Member DeMaio's Remove Illegal Squatters from Private Property Act establishes new procedures for addressing unauthorized residential property occupation in California. The legislation creates the criminal offense of unlawful squatting, defined as entering and residing on another's property without the owner's knowledge or consent.

Under the new provisions, law enforcement agencies must issue citations to alleged squatters, who then have three business days to present documentation proving their lawful occupancy, such as a valid lease or rental payment records. Those unable to provide documentation face arrest, while those who do submit paperwork receive a court hearing within seven days to verify its authenticity. If the court determines the documentation is improper or fraudulent, the occupant must vacate the property and may face misdemeanor charges carrying up to one year in county jail, along with fines for damages and back rent at market value.

The law explicitly exempts several categories of occupants from these provisions, including current tenants, former tenants engaged in active disputes with property owners, holdover tenants, and individuals with legitimate claims to tenancy or title through adverse possession. Local law enforcement agencies can recover costs associated with implementing these new requirements through existing fee structures or, if additional state-mandated expenses are identified, through established reimbursement procedures.