Unlawful Occupancy in Los Angeles County
- Steve Schwarz
- Apr 1
- 2 min read
An unlawful occupancy is when someone is in possession of a property without permission. An unlawful occupancy can occur by staying in the property after a lease has expired or by failing to pay rent.
Squatting — another form of unlawful occupancy
Squatting is another form of unlawful occupancy. Squatting is when someone breaks into a property and takes up residence or when the occupant believes they have lawfully taken possession due to being the victim of a scam.
If a squatter has lived in a property for over 30 days they must be vacated from the premises through a formal eviction process.
Written notice to occupant required
To remove an unlawful occupant an eviction is required. An eviction is started by first giving a notice to vacate the property.
This can be a 3-day notice to pay or quit for failure to pay rent, a 3-day notice to cure or quit for violating a maintenance/sanitary issue or minor breach of the agreement, a 3-day notice to quit for an incurable violation such as conducting illegal activity or excessive property damage, or a 30-day or 60-day notice to quit to terminate the occupancy without further cause.
Qualified for legal counsel
In some circumstances tenants can be qualified to receive legal counsel for an eviction proceeding.
As of January 1, 2025 under Los Angeles Municipal Code Section 8.60 establishes a program where eligible tenants in an eviction proceeding are given access to legal representation if their household income is considered lower income as defined under California Health and Safety Code Section 50079.5 and are living in a rental unit located in an unincorporated area.
To learn more, please contact Newport Beach Real Estate Attorneys today -- Go to NewportBeachRealEstateAttorney.com or call (800) 233-8521 for a complimentary phone consultation.
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