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Updated about 5 years ago on . Most recent reply

User Stats

42
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4
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Rob J.
  • Real Estate Investor
  • Tennessee
4
Votes |
42
Posts

A squatter has taken residence in my rental property

Rob J.
  • Real Estate Investor
  • Tennessee
Posted

Looking for feedback. I have a lease with a renter who moved on January 19th. After moving him out, his mother moved in and changed the locks. The police were called to remove her as trespasser, but the officers would not because she stated she had lived there the whole time. The eviction process has been started. However, we are now having water damage in the apartment below. She will not allow us in to fix the problem. My only option is to either allow the damage or cut the water off. As you know, cutting utilities off to a tenant is frowned upon by judges. My intention is to take pictures and show proof of damage and then cut the watewr off. Any thoughts?

Most Popular Reply

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4,583
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Michael Rossi
  • Real Estate Investor
  • Ohio
1,170
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4,583
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Michael Rossi
  • Real Estate Investor
  • Ohio
Replied

Don't do anything CRAZY, such as removing the door or breaking the door down. The judge will find that the woman has LEGAL tenancy and you will pay a steep price for any crazy actions you take.

Continue with the eviction and fix the water problem. This is how I WOULD do that. I would turn off the water and then cap off whatever lines are running to her apartment. Go get some "SHARKBITE" end caps to cap off the lines. Then, put a notice on her apartment that there was an emergency (leak) coming from her apartment, necessitating the water being shut off until you can make the repair. Request that she contact you immediately so that you can get into her apartment to fix the leak. Problem solved LEGALLY regardless of how she responds. If she doesn't contact you, the water is legitimately off and the onus is on the tenant to let you in to fix the leak. If she contacts you, go fix the leak and again - problem solved!!!

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