Squatters

[David Gauthier]

We own a rental condo and have been informed by our tenant that the neighbor across the hall has walked away from her unit.  Since that time, a new occupant has moved in.  Our tenant has stated that there are a lot of people going in and out in the evening and she is not sure who lives there.

Our HOA has refused to investigate who is occupying the unit.

Could they be squatters, if so, how can we find out and can we remove them. What action should be expected from our HOA.

The unit is in Montgomery County, Maryland.

Any guidance would be appreciated.

[Account Closed]

This is a very interesting topic.  Have you ever watched the movie "Pacific Heights"? It is about a young couple who fixed up a house, lived in the upper level and interviewed a man for the downstairs apartment.  The man moved in without their permission and took POSSESSION of the house.  The owners couldn't touch him with a ten foot pole.  They had to evict him as though he were a real tenant.  Why?  Because he was in POSSESSION of the home.  

Landlords face this many times with their renters.  We never know exactly how many people are actually in POSSESSION of our homes, that is why (when we do an Eviction), that we write John Smith and ALL OCCUPANTS on all legal documents when filing for Evictions. 

First you need to have some type of evidence that your tenant is no longer there, has actually left without notice.  You can't go by "word of mouth".  And, you can't just enter the premises without just cause.  You could perhaps give your tenant a 24 hour notice that you need to fix something in the house or unit in order to take a peek inside.  (Check your state laws on the procedure for proper notice to enter a rental dwelling).

When and if the time comes to evict this tenant, make sure you list the tenants name and these words "and ALL OCCUPANTS".  By using these words it evicts everyone that is in POSSESSION of the home including the dog! 

I've had this happen to me a few times, and it's tough to play the waiting game, but if you don't, you can get in trouble with the courts, and you don't know who these people are that are in possession of the home, so you need to be careful.  

Try to get inside the unit Legally, by giving proper notice to enter for some repair type thing, and if the people are still there just have  a conversation as to, Oh, are you visiting so and so?  Polite conversation.  Keep your cool.  Don't let on that you are "peeking" or "worried". 

If you don't receive rent on time, send out your Notice to Quit, with the words...WHAT WORDS?   John Doe and ALL OCCUPANTS!  And you need to add those words to the Summons and Complaint and the Judgment Form when you go to court. 

If you don't use the words ALL OCCUPANTS, and only use John Doe, then you are only evicting John Doe and not everyone in possession of the home.  

Just a little tip.  Plus if you really want to be afraid, watch the move Pacific Heights.  

Nancy Neville