Legal Question in Real Estate Law in California

I had someone move into an empty rental without permission of any kind. I called the police & confronted them (the trespassers) the same day they were seen moving things onto the property.

The deputy asked me WHAT i wanted them arrested for & was not sure if there occupation of the property was civil or criminal.

What statute, law or criminal code do I quote to the officer & trespassers as reason to have them removed & arrested?


Asked on 10/02/11, 1:28 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Look up and read Penal Code section 602.5(s), which covers unauthorized entry or remaining in a dwelling, and makes it a misdemeanor. Before making a complaint, you should be reasonably sure the persons in question don't have permission, e.g., they are not the new owners or tenants.

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Answered on 10/02/11, 8:28 am
Anthony Roach Law Office of Anthony A. Roach

If the police can't get them out, you will have to file a forcible entry and detainer, in civil court.

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Answered on 10/03/11, 2:03 pm


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