Another Terrible Squatter Story - Will Texas Get On Board?

Another Terrible Squatter Story - Will Texas Get On Board?

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Quote from the article: "Texas cases don’t necessarily have a good and distinct and succinct definition of ‘squatter,’” said Adams. “They kind of tend to use the term on the assumption that everybody already knew what it meant.”'

This is a problem with our entire judicial system. The "intent" of the law is to protect the innocent from criminals yet we've made the legal system so complicated that criminals are protected more than the innocent.

If someone is caught smashing a car with a baseball bat, police can quickly determine they are not the owner and arrest them for the crime. There's no need to wait six months - while they continue smashing the car - just to stand in front of a judge and prove ownership.

If someone enters a home and the homeowner calls the police to report a crime, police can quickly verify ownership and remove the illegal occupant. If the occupant claims to have evidence authorizing them to occupy the property, then they should bear the burden of proving their case. Can't afford an attorney? That's why we have tax-payer-funded attorneys to take on cases for free. The homeowner shouldn't have to prove the right to possess their own property.

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
2y

squatting is a stain on our industry.. The laws that were passed in FLA and GA need to sweep the nation. 

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    2y

    squatting is a stain on our industry.. The laws that were passed in FLA and GA need to sweep the nation. 

  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    2y

    Treat them like the criminals they are and it stops! 

  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y

    The problem, unfortunately, lies with landlords. The protections are there because if the police can simply put out a squatter it would be simple for landlords to never give their tenants anything in writing and have the police remove anyone they didn't like or who didn't pay as a "squatter." The protections are there because beat cops are not qualified to determine who is a tenant and who is a criminal.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Melanie P.:

    The problem, unfortunately, lies with landlords. The protections are there because if the police can simply put out a squatter it would be simple for landlords to never give their tenants anything in writing and have the police remove anyone they didn't like or who didn't pay as a "squatter." The protections are there because beat cops are not qualified to determine who is a tenant and who is a criminal.

    I disagree. I think the problem exists because we treat squatters like tenants with legal rights. When squatters learn it could take months or years to be forcibly evicted, they know they are safe for a certain amount of time. Once we start treating them like trespassers with immediate evictions, they'll stop taking advantage of the situation.
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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y
    Quote from @Melanie P.:

    The problem, unfortunately, lies with landlords. The protections are there because if the police can simply put out a squatter it would be simple for landlords to never give their tenants anything in writing and have the police remove anyone they didn't like or who didn't pay as a "squatter." The protections are there because beat cops are not qualified to determine who is a tenant and who is a criminal.


     I respectfully disagree.  If the tenant can show proof that they truly belong there and are paying rent, the police wouldn't remove them.  It doesn't take a rocket scientist to follow the money-bank transfers or receipts to show rent is being paid to the owner of the home or a PM and a copy of the lease.  The police can get the info and then act accordingly.

  • Specialist · San Clemente, CA · Member since 2014 · 50 posts · 75 votes
    2y

    California, to my pleasant surprise passed a new law that went into effect January 1 that allows property owners to file a Letter of Agency with local law enforcement which notifies them that the property is vacant. The letter can be valid for up to a year and allows squatters to be treated as trespassers and removed by law enforcement.

  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    2y
    Quote from @Melanie P.:

    The problem, unfortunately, lies with landlords. The protections are there because if the police can simply put out a squatter it would be simple for landlords to never give their tenants anything in writing and have the police remove anyone they didn't like or who didn't pay as a "squatter." The protections are there because beat cops are not qualified to determine who is a tenant and who is a criminal.

    Just as LL should not provide keys without rent, security deposit, credit check, etc, tenant should not pay a dime without a lease agreement that gives them certain rights.  

    in the absence of such a lease agreement, what rights do the tenant’s have.  

    therefore, I think your theory does not pass the eye test.   Squatters squat because the potential reward exceeds the potential punishment.   If we want squatters to stop squatting, we need to make the potential punishment exceed the potential reward.  First step is the squatter needs to be immediately removed from the property and charged for breaking and entering and trespassing.  Note a burglar who breaks into your property is arrested.   A squatter that breaks into property gets to stay in the property until civil action rules on an eviction.   Crazy!  The squatter needs to be treated similar to the burglar who broke into the unit.  
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    2y
    Quote from @Bob Ritner:

    California, to my pleasant surprise passed a new law that went into effect January 1 that allows property owners to file a Letter of Agency with local law enforcement which notifies them that the property is vacant. The letter can be valid for up to a year and allows squatters to be treated as trespassers and removed by law enforcement.

    The city where the majority of my rentals are does not yet have any support for this.   It is a good idea, but each jurisdiction needs to be able to support it which is not yet the case.  
  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y

    @Dan H. Every squatting incident begins with a burglary. Some states will charge it if you catch them early enough and the people are still there when the cops arrive. Unfortunately breaking into an unoccupied dwelling is typically the lowest degree of burglary. Stealing control of someone's property is a particularly vicious crime in a country built around property rights. 


    To all those who think all the landlords around the country would wield their police power responsibly, stay tuned. California seems to have a good system, but if there's an eviction moratorium, you file the letter and report a "squatter" there two months later - what will the police do?

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    2y
    Quote from @Nathan Gesner:
    Quote from @Melanie P.:

    The problem, unfortunately, lies with landlords. The protections are there because if the police can simply put out a squatter it would be simple for landlords to never give their tenants anything in writing and have the police remove anyone they didn't like or who didn't pay as a "squatter." The protections are there because beat cops are not qualified to determine who is a tenant and who is a criminal.

    I disagree. I think the problem exists because we treat squatters like tenants with legal rights. When squatters learn it could take months or years to be forcibly evicted, they know they are safe for a certain amount of time. Once we start treating them like trespassers with immediate evictions, they'll stop taking advantage of the situation.

    I agree cops can be trained very easily to assess the situation.. and there would be  or is stiff penalties for prop owners who illegally remove a bona fide tenant.. Landlords are simply not the bad guy here and are not going to take that risk.
  • Attorney · Pensacola, FL · Member since 2023 · 178 posts · 106 votes
    2y

    Florida, where I live, passed a great amendment to our "squatter" law. Although I'll lose revenue from the amendment, it is a great law to enable home owners to remove unlawful detainees. It's likely to spread throughout many of the states. I would imagine Texas would be one of them.  

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