Is Squatting Legal in California After the 2026 Law Changes?

No, squatting in California is illegal under civil and criminal law, with penalties including eviction, fines, and imprisonment. The state enforces strict property rights, and unauthorized occupation of land or structures violates Penal Code § 602. Recent 2026 amendments to the California Tenant Protection Act further criminalize squatting by classifying it as a misdemeanor or felony, depending on intent and duration.


Key Regulations for Squatting in California

  • Penal Code § 602: Prohibits trespassing, including squatting, with penalties up to 6 months in county jail and/or $1,000 in fines. Repeat offenses escalate to felony charges under § 602.1.
  • Civil Code § 1940.2: Bans squatters from claiming adverse possession rights after 5 years of continuous occupation, as the state abolished adverse possession claims in 2023.
  • Local Ordinances: Cities like Los Angeles and San Francisco impose additional penalties, including property seizure and mandatory reporting to law enforcement under municipal codes enacted in 2025.

Property owners must file an unlawful detainer action to evict squatters, a process expedited under California’s 2026 housing crisis reforms. Law enforcement agencies now prioritize squatting cases, with dedicated task forces in high-density urban areas. Violators face immediate removal and potential restitution claims for damages.