How do we handle this situation

[Shawn Peden]

So we have purchased a property that we feel will turn out to be a great deal, basically purchased for the back oweing taxes. Here is our first problem though, it's occupied by a "tenant" that supposedly had a verbal agreement with the previous owner that he would fix up the place in return for rent. Without making that story long, there is a difference in the owners story and the tenants story, however the fact is there is no tenant/landlord agreement so he is a squatter technically. We have already spoken with a lawyer and have put things in motion by presenting him with a vacate notice treating himas a tenant, but it probably won't hold up in court, we are just hoping to scare him out. If that doesn't work, the lawyer says we will have to go with an ejectment, which is very costly and time consuming. The next problem we are having is just trying to get ahold of him, he's a shady character who we are sure is a drug user of some sort and makes his living by stealing. Talking to the neighbors, they all can't wait for him to be gone and thanked us for buying the place. We have been on the premises at least half a dozen times in 2 weeks and only talked to him once. He has until the 30th of June to vacate and says he is trying, we have also offered to help him into a new place by giving $500 once we get the keys. He believes the windows he installed are his and he hasn't been paid for them so he's taking them, which we told him he needs to talk with the previous owner about payment, but we bought the place as is. We are trying to be as professional and accommodating as possible without letting him run all over us. So, one individual told us, we need to just walk on in, change the locks, let him call the police when he can't get back in, or to just post a 24 hour notice letting the occupants know that work will be started and then walk in and start taking down walls or whatever we are going to do because he's a professional tenant and knows how to play the game.

So what does everyone think? How would you handle the situation? The place needs a full remodel, possibly an addition to the house, so we aren't worried about to much more damage, however it's not what we want either. The house has no water turned on and electricty has been removed (wires actually cut) from the house, so it's unsafe and uninhabitable IMO.

Can't wait to hear your opinions and questions

[Account Closed]

Originally posted by @Shawn Peden:

So we have purchased a property that we feel will turn out to be a great deal, basically purchased for the back oweing taxes. Here is our first problem though, it's occupied by a "tenant" that supposedly had a verbal agreement with the previous owner that he would fix up the place in return for rent. Without making that story long, there is a difference in the owners story and the tenants story, however the fact is there is no tenant/landlord agreement so he is a squatter technically. We have already spoken with a lawyer and have put things in motion by presenting him with a vacate notice treating himas a tenant, but it probably won't hold up in court, we are just hoping to scare him out. If that doesn't work, the lawyer says we will have to go with an ejectment, which is very costly and time consuming. The next problem we are having is just trying to get ahold of him, he's a shady character who we are sure is a drug user of some sort and makes his living by stealing. Talking to the neighbors, they all can't wait for him to be gone and thanked us for buying the place. We have been on the premises at least half a dozen times in 2 weeks and only talked to him once. He has until the 30th of June to vacate and says he is trying, we have also offered to help him into a new place by giving $500 once we get the keys. He believes the windows he installed are his and he hasn't been paid for them so he's taking them, which we told him he needs to talk with the previous owner about payment, but we bought the place as is. We are trying to be as professional and accommodating as possible without letting him run all over us. So, one individual told us, we need to just walk on in, change the locks, let him call the police when he can't get back in, or to just post a 24 hour notice letting the occupants know that work will be started and then walk in and start taking down walls or whatever we are going to do because he's a professional tenant and knows how to play the game.

So what does everyone think? How would you handle the situation? The place needs a full remodel, possibly an addition to the house, so we aren't worried about to much more damage, however it's not what we want either. The house has no water turned on and electricty has been removed (wires actually cut) from the house, so it's unsafe and uninhabitable IMO.

Can't wait to hear your opinions and questions

 Okay, with respect, your lawyer is an idiot.  At this point, you don't need a lawyer. In my educated, very strong opinion :-)

Any renter's agreement for a year or longer must be in writing.  No verbal agreements regarding real estate can ever be for a year or longer.  But, verbal agreements are perfectly legal.  When you don't have anything in writing, the contract is assumed by the courts to be a month-to-month agreement, and the local (city/state) landlord-tenant laws apply.

With a month to month agreement, you only have to give them 30 days to move out.

Plus, the owner did admit the guy was there with permission, at least at some point = tenant.  Plus, squatters have tenant rights anyway, with regard to getting them out of your property.

So, so far so good.  You gave him 30 days to move out.  Perfect.

If he doesn't move out in 30 days, then you go through the eviction process.  Don't give him permission to stay any longer.

To do the eviction process, just follow whatever your state's procedures are - small claims court, or whatever.

As far as giving him notice and him avoiding you, just look up what is required for service of process for the eviction.  Normally, you can go with a witness and post it on the door, and mail it to their last known address, which is the property address.  

Then, follow through with the eviction process.  

Easy peasy, as far as what you have and what you need to do.  You have a month to month tenant and you gave them 30 days to move out.  If they don't you evict them through the court.

Don't go in there and change locks or anything - that could get you in trouble.

Anything else that comes up, you can figure out then.  But, really, this is simple.  That lawyer either doesn't know his real estate law, or he's trying to make some money off of you, by making this simple situation ridiculously complicated.

In my humble opinion :-)