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Updated almost 3 years ago,

User Stats

28
Posts
20
Votes
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

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