I NEEEEEED to get these people out of this house. Please HelP

I NEEEEEED to get these people out of this house. Please HelP

Investor · Philadelphia, PA · Member since 2017 · 39 posts · 28 votes

Here's the deal, I'm wholesaling a property and there are some unsavory occupants. The homeowner still lives there and desperately wants to move. About a year ago, she let an older man and his wife stay for awhile. They later moved in 5-7 additional family members. None of them are making any effort to leave. 

The house is not fit for human habitation. it dirty, hoarded, infested and the whole place needs to be gutted. There is a small child and an older disabled man living there. It terrible really. the electricity doesn't work on one floor, the kitchen is filthy and infested. It's not a good place to live. 

The owner and her boyfriend feel trapped. They really want to sell but no one is going to buy it with these people inside. they don't have a lease they don't pay rent, they steal from the owner and make the house generally unsafe. 

What are my options. I know that I can't evict them because they don't qualify as tenants. I don't want to have to go through a lengthy ejectment process. 

Can the owner change the keys and turn off the utilities? It's her house and they are in her name. She's been paying for everything.  

Will calling child protective and services and adult Protective services do any good? I don't want to have anyone family taken from them but they don't seem to worry about them living in an unclean place. 

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Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
9y

Would Code Enforcement condemn the house based on your description, forcing everyone to leave?


Gail

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  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    Walk away , no RUN AWAY and fast 

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    9y

    @Amia Jackson,

    Have you been in touch with the local health authorities?

  • Specialist · Fredericktown, PA · Member since 2017 · 12 posts · 4 votes
    9y
    I'm sorry to hear, this is a terrible situation. As previously mentioned it might be worth walking away from the deal. Otherwise, you will probably have to fight with squatters rights since they are not renters. Alternatively, if the deal was that good for you, you could offer them money to leave. Not sure that will work in this situation. If not, I would say walk away from this deal.
  • Investor · Philadelphia, PA · Member since 2017 · 39 posts · 28 votes
    9y

    @David Dachtera ,

    I called adult protective services when I found out about the older man. I just found out about the child today.  I would prefer not to call the police. But it looks like it might happen. 

    @Matthew Paul Why run away? There's a lot of money in this deal for me. I already have a buyer and have the contract assigned and I get to help someone. I feel like I should at least try to make to close the deal.  

  • Investor · Philadelphia, PA · Member since 2017 · 39 posts · 28 votes
    9y

    For the record, 

    I'm so okay with fighting squatters. I just want to know what's legal or not. If it comes down to it I can wait it out. I just wanted options other than ejectment. The house is in a booming neighborhood in Philly (Brewerytown) and is a three story building that zoned as a triplex. This house is like drugs it will sell itself. I have built a great relationship with the owner and she'll be down with whatever is necessary. 

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    Would Code Enforcement condemn the house based on your description, forcing everyone to leave?


    Gail

  • Investor · Philadelphia, PA · Member since 2017 · 39 posts · 28 votes
    9y

    @Gail K. , That's one I haven't thought about. I'll call L&I and see what they can do. 

  • San Francisco, CA · Member since 2017 · 74 posts · 64 votes
    9y

    If i were you, I would hire a few tall-and-strong-built-evil-looking-tattoo-covered bodyguards and go there to 'warn' them to leave.

    *Not legal advice by any means

  • Investor · Philadelphia, PA · Member since 2017 · 97 posts · 30 votes
    9y
    Amia Jackson I understand the situation can defiantly be a complicated one. My recommendation would be to tell her to contact a real estate attorney for a consultation for advice. I am not a lawyer but what I would say is that this seems like it could be a complicated case and more information would have to be learned. The rental laws would have more clarification on this but at the end of the day if they're unwilling to move on then contacting a lawyer is probably the best move for them. I do work with a lot of good lawyers if you need any recommendations let me know!
  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    9y
    Originally posted by @Amia Jackson:

    @Gail K. , That's one I haven't thought about. I'll call L&I and see what they can do. 

    That's what I had in mind, as well. Get the local health authorities to declare it not fit for human habitation. You can get a new occupancy permit once you get  them out and clean it up.

  • Rental Property Investor · Mesa, AZ · Member since 2015 · 143 posts · 187 votes
    9y

    If the owners feel their safety is at risk they could go apply for a restraining order against the squatters. They could be out in a day!

  • Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    @Amia Jackson

    Well I suppose if the property gets condemned, the City may try to remove the tenants from the home. 

    Don't engage in any self-help. Now I did write a post sometime where I did talk about whether landlords can engage in self-help against squatters. But you definitely want to discuss this with your lawyer before you do it. 

    Is there any lease between the older man/his wife and the current owner? If so, what does the lease say? 

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.

  • Investor · Philadelphia, PA · Member since 2017 · 39 posts · 28 votes
    9y

    Update: Yesterday I went over to the property and told the owners that if the people wouldn't move I would start calling DHS and have them file police reports for their missing stuff etc. I spoke in a really loud voice so I would be overheard.  She called me this morning to say they all have plans to leave by the end of the week. 

    I offered to pay for a week at a rooming house for the older couple. That should cost me about $200 I told them I would only pay it to the owner of the rooming house and not directly to them. 

    Fingers crossed everyone leaves on time. 

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    Following this thread, @Amia Jackson . Please let us know what happens.

  • Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    I would probably start with a simple notice to the tenants.  Saying something like "I believe the building may no longer be safe for you to live in.  Please vacate the building as soon as possible.  The utilities are all being turned off and a city inspection has been requested to determine if the building must be demolished."

    The people know city inspectors will file reports with adult and child protective services.  They also know they will be all over the stuff they have hoarded.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    9y

    My couple concerns are:

    1) You do not own the property so there is really not much you can do. You can advise her to get a real estate attorney etc, but as far as you getting involved it could look bad in court (You turn out to be an instrument of her attempts for self eviction..... her hired bully)

    2) Having the property condemened can cause more problems than you want. Is your buyer still interested if now to do anything they have to deal with a whole lot more governmental red tape (inspections etc?) The costs involved in a fix and flip or fix and rent are a whole different ballgame than the costs involved in the fix and rent of a condemned building when it comes to getting certificates of occupancy etc.

    Generally speaking asking it to be condemned is asking for all sorts of eyes to be cast on that property. Getting it out of that status is a whole lot harder than getting it put in.

    Good Luck!

  • Investor · Philadelphia, PA · Member since 2017 · 39 posts · 28 votes
    9y

    UPDATE! We close on Wednesday. 

    The day after I wrote the last post the owner called me hysterically telling me her son was threatening to kill her and burn down the house. I told her to call the police. 

    I came by the next day and my husband paid $150 to the rooming house for the older couple. 

    Three days later she had a reaction to her medication and had to be hospitalized for three days. The same son was by her side. When she returned home everyone was gone except her nephew and his girlfriend. 

    On Wednesday the buyer paid her 4k for her to surrender the property vacant with the balance due at closing. We helped her and her boyfriend pack and put them on a train to NC. 

    We go to close on Wednesday. That's when we'll get our first wholesale check. 

  • JJ ConwayPro Member
    Financial Advisor · Stephenville, TX · Member since 2016 · 163 posts · 85 votes
    9y

    Look forward to celebrating with you on Wed.  Just please keep in mind the deal isn't done till closing is over with a check in your hand (smile).

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