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Updated about 3 years ago on . Most recent reply

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28
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Fas McO'nen
  • Austin, TX
20
Votes |
28
Posts

Breaking into my own property!! Am I breaking the law?

Fas McO'nen
  • Austin, TX
Posted

If you've had a similar experience or are a lawyer I'd love to hear your thoughts. 

One of my properties in Indianapolis has a squatter, who basically broke into the house when it was vacant. He changed the locks and has a fake, one-page lease that he claims he signed with a guy that rented him the place. 

My property management company has gone through the legal process to evict this individual. The notice has been given to him and he has 30 days to leave the property. I have a great property management company who's been on top of this issue.

Here's my question. Why do I need to go through the legal process to evict a squatter (a criminal) who I have no legal agreement with? Isn't this simply considered breaking and entering/trespassing/burglary? I was told that the cops can't throw him out without a proper eviction notice. Logically speaking, it makes no sense, but then again, logic doesn't matter, it's whatever the law says. 

If law enforcement can't do anything about squatters, can I then just simply break into any home (when people go on vacation or even leave to go to work in the morning) change the locks and claim that someone rented it to me and simply present a fake lease that I typed up, and enjoy their home until I get legally evicted? 

I can understand going through the legal eviction process if I had a legally binding contract (a lease) with this person, and he violated our lease agreement or stopped paying altogether.

I really would like to know what would happen if I just went and broke into the house... after all, I own it. It'd be funny if he called the cops on me, knowing that the deed is under my name.  

I'd appreciate your thoughts but I'll definitely seek legal advice. 

Thanks

Most Popular Reply

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Jay Hinrichs
Professional Services
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
62,773
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42,641
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Jay Hinrichs
Professional Services
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied
Originally posted by @Dennis M.:
@Fas McO'nen

Can you call the utility companies and see what name is paying or have them shut off all utilities because you own the home they will do that . You should call an attorney and get this sorted out . Id recommend only legal steps wIth the aid of the polIce .. but Because Im honest I would have to confess I probably would cIrcumvent the correct way drIve twenty hours ,pull rIght up Into the front lawn march rIght In the front door and beat the %^*}. Out of the first adult male I found in my house

in the old days we just removed the doors  that usually did it. and turn off the utls..  but don't do what I do I self insure myself. 

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JLH Capital Partners

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