Squatters in the house

Squatters in the house

Fort Worth, TX · Member since 2016 · 1 post · 0 votes

My mom owns a house in Fort Worth, TX and she's been renting it out for a while now but the most recent tenants left this past May and since then my mom has been going to the house to fix it up and clean it up and show it to potential new tenants. She was last at the house last week. A few days ago she went to the house to show it to someone when her key wouldn't work. Puzzled, she went to the back door and luckily it was unlocked. When they entered, they found clothes, shoes, toys, etc. all over the house and it was clear someone had been living there. She reported it to the local PD but they didn't do anything. The lady living there claimed someone posed as my mom and signed an agreement with her allowing her to live in the home, but she (conveniently) misplaced said contract. She also claimed that she changed the electricity under her own name (later found to be untrue) and that she has internet in the house as well. When my mom first discovered this, no one was in the house. She gave all of their belongings to the police and she changed the locks. They've since broken a window to get back in the house. Luckily the AC broke somehow so they're unable to bear being in the house during the hot Texas afternoons but neighbors have said that at night there are a lot of people going in and out of the house including around 4 kids and 2 dogs. My mom is currently going through the courts to evict them but I'm asking if you might have any advice for her. What to make sure to do, what not to do, and if possible, any way to keep them from destroying the house before they finally leave? If not, any way to make them pay for it or something?? Any advice would help. Thanks in advance. 

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Real Estate Broker · North Richland Hills, TX · Member since 2013 · 1k+ posts · 607 votes
10y

I wonder if the Castle doctrine applies in this situation?

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  • Real Estate Broker · North Richland Hills, TX · Member since 2013 · 1k+ posts · 607 votes
    10y

    I wonder if the Castle doctrine applies in this situation?

  • Sherman Oaks, CA · Member since 2016 · 33 posts · 3 votes
    10y
    You can try giving them cash for a down payment just to get them out of your property without them trashing the place when they leave. It was on one of the earlier podcasts to try to remove non-paying tenants, known as "cash for keys". A small payoff may be enough to get them to move and avoiding the hassle and risk of damage with an eviction. I am no expert, but am just passing along a strategy i heard mentioned. Sorry about the squatters and good luck!
  • Rhome, TX · Member since 2014 · 5 posts · 1 vote
    10y

    Oh man that is terrible. No

    Advice other than hoping she gets them out quick. What part of Fort Worth? 

  • Specialist · Grand Rapids, MI · Member since 2016 · 1k+ posts · 611 votes
    10y
    Have to evict unfortunately. I would definitely ask a lawyer because I am hoping I am wrong but I had a similar situation in my county and thats what we had to do even though they broke in.
  • Rental Property Investor · West Bend, WI · Member since 2015 · 931 posts · 598 votes
    10y

    if they dont have a contract, and possibly even if they do and its fraudulent, they are trespassing, leave the local PD out of it, get the County Sheriff involved, its a trespassing issue in my opinion.   I think Texas is an Open Carry State as well, i would probably be there with friends all with a .45 on our sides every discussion we have with them. 

  • Investor · Sachse, TX · Member since 2015 · 223 posts · 66 votes
    10y

    I have had people break in before. Just board up the house and throw everything out. What will they claim?

  • G. Brian DavisPro Member
    Investor · Hatboro, PA · Member since 2016 · 3k+ posts · 866 votes
    10y

    It's a terrible situation.  Usually you have to go through the entire eviction process, but occasionally you can get them kicked out on a trespassing charge.  Worth trying both the local police again and the county sheriff.  

    It's appalling to me that squatters and trespassers get the same rights as legitimate tenants.  Just awful.

    Best of luck,

    Brian Davis 

    SparkRental

  • Sergey TkachevPro Member
    Investor, Agent, CPA · West Sacramento, CA · Member since 2009 · 706 posts · 262 votes
    10y

    Wow, these kind of situations and how the law deals with them is appalling.  I've had a situation with squatters in a vacant house but never got a chance to confront them, they just stopped coming once they realized the owner was around.  

    I would definitely try to get the sheriff involved and charge them with tresspassing, you shouldn't have to spend money on evictions (although, unfortunately, you may have to)

  • Flipper/Rehabber · Sacramento, CA · Member since 2016 · 807 posts · 815 votes
    10y

    I would definitely not spend the time, money and effort trying to evict them or bribe them to leave. They were never your tenants. This is purely a trespassing issue. Like someone said, Texas is an open carry state! 

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    10y

    check with an attorney but I would think you could get the local police or Sheriff involved since there is evidence of breaking and entering to get into the house. Point Blank, you have keys and they don't and you have evidence that the window was broken to get in. Open-and-shut case in my opinion.

  • Investor · Cincinnati, OH · Member since 2015 · 374 posts · 120 votes
    10y
    Originally posted by @Ibrahim Hughes:

    check with an attorney but I would think you could get the local police or Sheriff involved since there is evidence of breaking and entering to get into the house. Point Blank, you have keys and they don't and you have evidence that the window was broken to get in. Open-and-shut case in my opinion.

     Yup I agree.  Secure the house again and when they break in, get them for burglary.  If the police do nothing, call the police again.  Some police are very lazy and do nothing and some will at a minimum make them leave.  Once they make them leave, you get the police log of the call and use that the next time.  I would be very aggressive with this.

  • Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
    10y

    Be careful!  Definitely call the police about the break-in and trespass. The police treat landlord tenant issues as a civil matter for the JP and Constables, so leave them out of it once you have reported the trespass/burglary/property damage.  The police report will also have their names and ID so you can use the information for the eviction.

    It is essential you have a police report to substantiate your position that they are trespassers.

    The court requires (since there is a conflicting claim regarding the right to possess the premises) that it be resolved LEGALLY. You can continue to change the locks, but if they call you asking for a key, believe it or not, you have to provide one.

    I would file for eviction immediately, and keep up the pressure.

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