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

General Landlording & Rental Properties
8yFollow

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

Fas McO'nen
Austin, TX · Member since 2017 · 28 posts · 20 votes

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

6Reply
265 views

Most Popular Reply

Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
8y
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. 

Podcast Guest on Show #222
JLH Capital Partners51 Review
WebsiteView Page
8Reply
See this reply in the discussion

68 Replies

Jump to latestLatest
  • Account Closed
    Specialist · Paradise Valley, AZ · Member since 2018 · 3k+ posts · 2k+ votes
    8y
    Originally posted by @Fas McO'nen:

    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

     He could shoot you. And you would have to prove you weren't attacking him. Let the police do their work regarding the eviction.

    7Reply
  • Andy Rumple
    Wholesaler and Real Estate Broker · Indianapolis, IN · Member since 2009 · 438 posts · 293 votes
    8y

    I have seen some cops in Indy immediately evict squatters with guns drawn.
    I have also seen cops say you need to evict them. Because there are people
    who act like they own these homes and victimize "tenants" with false leases
    and even collect rent from some of them Police are hesitant to evict unlawful
    tenants because they  themselves might be victims of fake landlords. The fact
    that your squatter had a fake lease helped him to look like a possible victim
    so there would be more reluctance on the part of the police to throw him out.

    5Reply
  • Chris Szepessy
    Catskill, NY · Member since 2018 · 636 posts · 668 votes
    8y

    I've never been in this situation, but couldn't the cops just tell the squatter to give them the address and/or name of the guy he's paying his rent to? And when he can't provide it, they could arrest him for a number of things. It seems pretty cut and dry. IF what the squatter is saying is true (which we know it's not), you still shouldn't get screwed just because he got scammed. The laws are crazy.

    I don't suggest breaking in to your own house, but I get why you would think that. I see too many bad things that could happen. I'm not gonna lie though..I was thinking the same thing as I was reading the post before I got to that part. Good luck with the whole situation. I've read stories where people have tried for years to get squatters out. Hopefully it's not that difficult for you.

    Also, maybe look into security cameras for your properties for when they're vacant. If you had video, you could show the police he was clearly breaking in.

    0Reply
  • Randy E.
    Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
    8y

    @Fas McO'nen, as tempting as it might seem, don't do it.  It may not seem likely, but there is a chance he signed what he thought was a real lease, but with someone who didn't own the home.  If he's a true squatter, maybe you could force him out and not have him call the police -- which might get you in legal trouble even if he is a squatter.  If he's the victim of someone else's scam, forcing him out as you suggest could likely lead to some serious legal repercussions for you.  Pay the money and initiate legal eviction.

    Out of curiosity: How long was the house empty before he moved in?  Do you (or the PM) have any idea exactly how long the guy has inhabited the house?  Just curious.

    2Reply
  • Ali Hashemi
    Investor · Southern Indiana, IN · Member since 2017 · 178 posts · 95 votes
    8y

    I’m not sure I understand the question. If it was my property the squatter would have been long gone by now. 

    3Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    8y
    I cant offer you any help but I have trouble understanding this too. Anything else stolen the cops just charge you. Try keeping a stolen car this way. If you are in the presence of stolen property they charge you with recieving stolen property. I dont advocate jailing people who have been scammed but it is a bit of a disconnect in the law.
    0Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    Every time I get the idea of long distance invest I see threads like this and I remember why I don’t ! no one will watch your properties better than you and distance is darkness . The only way someone could come in and set up shop in the house is if it’s not being watched over good enough . That would never happen to me
    4Reply
  • Mark H.
    Richmond, VA · Member since 2016 · 215 posts · 129 votes
    8y
    I'm just curious. I situations like this can you evict and also sue the squatter for lost rents?
    0Reply
  • Lesley Resnick
    Real Estate Agent · Jacksonville, FL · Member since 2015 · 1k+ posts · 1k+ votes
    8y

    If you suspect there is illegal activity going on in the house, you could notify the authorities, REGULARLY!

    Odd smells, lots of people going in and out.

    Other than that go the legal route.  Cash for keys might be an idea.  Offer some money to get out and take their stuff.  Change the locks.  Then it would be breaking and entering. 

    2Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    @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
    1Reply
  • Heather Rodden
    Rental Property Investor · Member since 2018 · 101 posts · 44 votes
    8y
    Originally posted by @Mark H.:
    I'm just curious. I situations like this can you evict and also sue the squatter for lost rents?

    If they are squatting, I doubt you will get any money. In a perfect world yes the court could tell them to pay, but if they don’t have the money, then it’s not worth the time in my opinion. Usually squatters are pretty educated on all the ways to get around being a functioning piece of society. 

    3Reply
  • Heather Rodden
    Rental Property Investor · Member since 2018 · 101 posts · 44 votes
    8y

    I recommend you read up on your states laws. Mine has squatter laws, and we have to go through a formal eviction. Whenever I have a vacant property I always have window coverings and have them closed.  I usually leave some decor on the door or porch, and I never give the address in my listings. Anything to make someone think it is not vacant. All of my properties are less than a mile from me though. 

    2Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    8y
    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. 

    Podcast Guest on Show #222
    JLH Capital Partners51 Review
    WebsiteView Page
    8Reply
  • Steve B.
    Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
    8y
    @Fas McO'nen I always liked the idea of just paying some bIker gang members to move into the house for a while and harass the squatter. I dont think he would have any realIstIc legal remedy
    6Reply
  • Walt Dockery
    Investor · Winter Park, FL · Member since 2017 · 171 posts · 165 votes
    8y

    For vacant houses I like having a monitored burglar alarm. If it’s not something you normally provide to tenants, with the newer wireless systems it’s easy to move from one property to another when you have a vacancy. If you have a monitored alarm an intrusion will be responded to immediately and treated like a burglary, rather than responded to 2 weeks later after the person has had plenty of time to change the locks and move in.  You can also get texts immediately if there is any activity at the property. 

    4Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    8y
    Originally posted by @Steve B.:
    @Fas McO'nen I always liked the idea of just paying some bIker gang members to move into the house for a while and harass the squatter. I dont think he would have any realIstIc legal remedy

     back in the late 60s my family owned a fairly large ranch in N.. CA a little over 1500 acres.. and a county road went right through the middle of it.. when we left to drive back to Cupertino after a long weekend the locals would come out and poach deer and do all sorts of things on this ranch..   well a few blocks from our Cupertino house was the gang house for the Gyspsy Jokers.. My dad who by the way was super cool.. goes over.. knocks on the door and says how would you guys like a second house in the country :)  the ranch had a main home ( ours) and second home  that my dad let the bikers hang at..  that solved the poaching problem and other petty theft..  

    Podcast Guest on Show #222
    JLH Capital Partners51 Review
    WebsiteView Page
    4Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    8y
    @Fas McO'nen I know it’s tempting to go and break in, but don’t do it! I know the Laws can be crazy, but listen to the cops. You need to go thru a formal eviction. I had a year or two of experience doing this very same thing during the crazy days of 2009-2010 on behalf of the Banks and hedge funds. Found dead beats, squatters, previous owners etc...living in the property and had to evict them or offer cash for keys, some I scared out! Just don’t to self evictions. It’s painful, but do your checks and balances and move on...
    [email protected]407-448-6679Podcast Guest on Show The Key to Scoring Discounted Deals in One of America’s Hottest Markets
    Compass | St. Pete514 Reviews
    WebsiteView Page
    5Reply
  • Amy Beth
    Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
    8y
    @Fas McO'nen. I would go through the legal process to have them evicted. I would also require the PM to provide a plan so that this never happens again. It seems to me that they were not properly managing your property for a squatter to move in. If they can’t come up with a plan to prevent this and follow through with it then I would replace them with a different PM.
    4Reply
  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    8y

    A few points (from experience):

    1.  You may own the property, but the squatter has legal possession of it.  You may NOT break in.

    2.  Squatters have rights. (I know, some laws suck).  And remember, squatters presumably have no income and have open access to 'legal aid' (paid by those of us that have income) FOR FREE.  But fighting them won't be free for you.

    3.  Bite the bullet.  File/post proper notices and follow your l/t laws.  Make sure you know what you are doing;  some states will require an ejectment rather than an eviction.  Do your homework--it will save you time and stress in long run.

    4.  Try to have a meeting with the squatter.  Bring some coffee and donuts. Try to make it a human to human contact.  Ask what they really want.

    If it works, ie you can make a connection, try to figure out a reasonable solution.  If it goes south, part peacefully and unemotionally, and go about your legal procedures.  NOTE:  Be sure to bring 'Bubba' with you when you go to visit.

    2Reply
  • Hattie Dizmond
    Investor · Dallas, TX · Member since 2014 · 2k+ posts · 1k+ votes
    8y
    @Fas McO'nen. If your property was in Texas (maybe not Ausying, but real Texas!), you probably wouldn't have a problem. Than again, if the property was in CA, it might take years to get the squatter out. Someone earlier said, "Squatters have rights." No. They don't, but some municipalities endow them with rights that have no legal basis. Either way, if your PM is handling this, then let them. Bite the bullet and work through the process. You don't want to end up in jail, in contempt of court or with additional legal issues.
    2Reply
  • Fas McO'nen
    OP
    Austin, TX · Member since 2017 · 28 posts · 20 votes
    8y

    @Randy E. he claims to have been there since April, which is a lie because it was vacant in May. 

    Thank you all for your input. I may have given the impression that I was actually going to go break into the house, but I have more sense than that. I was presenting a hypothetical scenario our of curiosity and how the law would have played out if I had done that. 

    All great suggestions though. I've read every single one of your replies and will adopt your suggestions moving forward. Just another lesson learned :)

    Thanks

    2Reply
  • Fas McO'nen
    OP
    Austin, TX · Member since 2017 · 28 posts · 20 votes
    8y

    @Hattie Dizmond you're probably right that this may have been handled differently in Texas (I'm not a lawyer and don't know the laws regarding squatters), but I know Texas is a landlord friendly state. Where I'm originally from, street justice would have done it and he'd be out in one day, but this is the U.S. so I'll have to respect the laws here and abide by them, as you and many others have stated. :)

    Thanks for your input.

    Fas 

    1Reply
  • Eric Jacobs
    Specialist · Fort Lauderdale, FL · Member since 2016 · 187 posts · 128 votes
    8y

    Wow.  So ...um...here's a thought...how about you consult a lawyer before potentially engaging "self-help" and possibly either getting yourself sued, shot or in jail?  There are different ways that people enter onto an occupy property and different ways you have to remove them (i.e. ejectment, eviction, etc...) I can tell you in Florida you could definitely not engage "self-help" though theoretically under certain circumstances you could have the police remove someone (they would likely tell you its a "civil matter" but in some cases it is possible.  I understand but cannot confirm (I'm not a lawyer outside Florida) that you may be able to in other jurisdictions but generally those jurisdictions likewise have very liberal gun laws (bad for you if you enter where someone is living at the wrong time).  Easy Answer :  ASK A LAWYER IN YOUR JURISDICTION

    1Reply
  • Gary Barella
    Flipper/Rehabber · East Brunswick, NJ · Member since 2018 · 64 posts · 152 votes
    8y
    I can’t believe all the sissies on here telling you to do nothing. If that even happened to me for a second I would go in and do whatever I have to do to throw him out. Remember cops only show up AFTER something bad happens. If you have all your paperwork saying you’ve been fighting it and you are out of options. Even if you get arrested, when you have your day in court you will be cleared because you are right and he is wrong. Now if your scared of danger then you have to be a sissy, but it’s the sissies on here that make criminals so successful in this country.
    3Reply
  • Andrew SyriosPro Member
    Moderator
    Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
    8y

    Squatter right's are, for some very stupid reason, a thing. I would just suck it up and go through the legal process. It's not worth it to go all vigilante on a squatter.

    Podcast Guest on Show #121
    2Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free