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No, an eviction order is not necessary to get someone experiencing homelessness off your property

Police in Roseville say, if someone experiencing homelessness sets up camp on your property, you should call police directly as soon as possible.

ROSEVILLE, Calif. — A post from a Roseville woman is circulating a community group on social media. The post is in regard to someone experiencing homelessness who set up camp on her property line.  

In the post, she says she had to get an eviction order on the man who was staying there, and that it was placed on his mattress. 

THE QUESTION

Is an eviction order necessary to get someone off your property? 

THE SOURCES

THE ANSWER

This is false.

WHAT WE FOUND

"The short answer is no. You do not need an eviction notice to get someone (off your property) who is potentially homeless, who is temporarily staying on your property," Baquera said.

Baquera said, if someone does set up camp anywhere on your property, there's no need to jump through any legal hoops obtaining an eviction order. In Roseville, he says this can be taken care of by simply calling the police department.

"Officers would likely show up, assess the situation, have that homeowner sign a 602 notice which basically says, 'I am the homeowner and I do not want this person on my property, please remove them,'" he said.

California Penal Code 602 says that, if someone is trespassing on your property without your permission, then you are able to have them removed. But Baquera says you need to move quickly. 

"If you allow that person to stay there or even if you have some form of a verbal agreement to allow them to stay there, that can trigger some landlord-tenant issues. And that is a much larger process," he said.

He said the notice placed on the mattress in the social media post is consistent with one given to people camping on public land, which in some cases, can be only a foot away from private land. That triggers what they call a 48 hour notice, not an eviction order. 

"That provides that homeless person time to reasonably understand that they can't camp there, and it gives them time to move their property some place else," he said.

Homeless advocates, however, suggest using police as a last resort and working through homeless organizations first before calling police.

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