Can You Break into your Own property?

Question

Hello i was just wondering is it possible for the owner to get into any trouble for breaking into hes own property. If the person inside the home you never had a lease agreement or never agreed he can stay there? This particular person is not there everyday so is it possible to go inside when he is not there and change all the locks? This particular person is becoming a burden and destroying my property breaking windows removing water tanks, furnace and overall destroying my property. This has been going on for two years since July of 2022 I have hired two different Attorneys and Its always Rescheduling court date and nothing happens. So im exhausted so I just really want to know what consequences could i possibly face breaking into my own property?

Travis Biziorek · Answer

Hey Frankie, 2 years is a long time to deal with this. I'd call the cops directly, be there with your deed, and have the locks changed.

I've had squatters show up before and had the cops show up within 20 minutes and remove them.

Michael Smythe · Answer

@Frankie Betancourt need to more to give you practical advice!

How did they gain access to the property?

By LEGAL definition a squatter is someone who BREAKS into a property.

If they were given access by an owner or other tenant, they are not legally considered a squatter.

We have a lot of experience with this in our 24-year history. So, DM me for a call about other interesting options...

Chris Seveney · Answer

Depends on state law which you may not be able to remove them but you most likely have a right to enter the property and could move in and walk around nude all day. Its your house. There was a report where a guy did this, he moved into a property he owned and played loud music, and did stuff that drove the people nuts and got them to leave. Not recommended of course because of ramifications including getting killed but people have done things like this

Colleen F. · Answer

@Frankie Betancourt  They should arrest him if he has outstanding warrants. I suggest to call on friday night. Here if they pick you up friday you aren't getting out until monday earliest. If he has a car many areas have plate readers and if it is registered in his name it will show the warrants.

Colleen F. · Answer

@Frankie Betancourt  Without a lease I think you can probably remove items of value from the property but most items of value are really hard to pick up and take away or are essential to the house say staying warm in winter like a furnace.

Get a really experienced lawyer and alot depends on your state the other option is pay them to get out. I have never done this but some people do and find it offsets the repair costs of the damage more months of occupancy will do.

If you know who they are then you report them if there are outstanding warrants and report any property thefts they have done.  But I can't say lawyer enough....

You could also see if your neighbors have cameras that recorded any thefts or illegal activity.  These kind of people can be crazy so watch your back.

Colleen F. · Answer

@Frankie Betancourt  I know you can change locks your tenants put on as long as you give them a key but this sounds like a squatter and a lawyer would be a better option.  The police will tell you it is civil matter.

Jonathan Bock · Answer

I would check with your municipality and codes office from what you have stated this property is uninhabitable and should be condemned if you have a friendly codes officer that may be another option to look into.

Obviously, this is not legal advice if you do the lock out and board up on your own just know the consequences; in my metro area an illegal lock out will get you arrested and law enforcement does not want to get involved in this type of issue too much liability for the officers and the city.

James Back · Answer

In your post you said you have hired two lawyers and this has been going on since 2022?  It sounds like you need to find a lawyer that has better experience dealing in the specific issues you have going on.  It's good to come here for advice and different ideas, but you really need advice from an expert that knows your local laws and can expedite the process.

Theresa Harris · Answer

Not sure if it is true, but someone said they wrote up a lease with their adult child to rent their house. Had them go to it and call the police saying someone else was in the house.  They showed the police their lease and they removed the trespasser.

Why do the court dates keep being moved and what is your lawyer doing about it?

You do have the legal right to enter the home with proper notice, but given what you've said...do you feel safe doing that?

Can You Break into your Own property?

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