Fort Worth, TX · Member since 2016 · 15 posts · 4 votes
Hey everyone, in the BP podcast #50, a flipper had just finished rehabbing a house in north Detroit. When he came back the next day, someone had broken in and changed the locks. He said he had to get in touch with his lawyer and it ended up taking 90 days to legally remove the squatter. A few questions I have (and I was hoping for some Texas perspective on these) are:
Why did it take 90 days to remove the squatter?
How would that situation (within confines of the law) pan out in Texas? I would think the cops would forcibly remove the squatter within a day.
Is there any part of the insurance that would protect the investor from damage or other costs if this were to happen?
Have any of you (or someone you've known) had this happen in our state?
Again, this is hypothetical. I would be blown away if it took Texas cops/lawyers more than a few days to remedy this. Thanks!
The keyword term "adverse possession" brought me here.
Yes, it's true that eviction laws vary from state-to-state and that even a sympathetic judge can overreach local laws in the same judicial district.
With squatters you have two choices: mitigate or litigate.
Carrot and stick measures are mitigation tactics that only work if your squatter likes carrots (or even knows what they are!). Cash for keys is only one example.
Litigation is a crapshoot. You've done everything humanly possible to make the inevitable relocation easy for the squatter but they can't "hear" because the voices in their head tells them to dig their heels in and you'll go away.
Squatters are often mentally and emotionally damaged persons. Sometimes (but not always) affected by things that they ingested.
And my freebie tip for the day: you can't fix stupid.
I suspect (though I do not have a personal experience to rely on) that once the squatter has a key, the cops will say it is a civil matter and you would have to go through eviction, even in Texas. Notices and court dates, etc., probably 40 days before you can get the Sheriff to do a set out. We put security systems in all our vacant properties so that we can (hopefully) show immediately they are there without permission as they cannot turn off the alarm.
Insurance would cover any vandalism but probably not the eviction costs and lost revenue.
Putting in a security system is a good idea if you're in a sketchy part of town. I don't think squatters is something to worry too much about but theft definitely is. I'll consider doing this in the future. Thanks!
Anyone else have any thoughts?
Eviction in Texas happens much more quickly than most other states. Also, the constabulary tends to not put up with ridiculousness here. The ability to declare adverse possession isn't simple and takes quite a long time to do so it isn't likely you would have to fight a squatter other than to kick him/her out. Never assume a squatter's rights are greater than your - kick them out immediately.
The keyword term "adverse possession" brought me here.
Yes, it's true that eviction laws vary from state-to-state and that even a sympathetic judge can overreach local laws in the same judicial district.
With squatters you have two choices: mitigate or litigate.
Carrot and stick measures are mitigation tactics that only work if your squatter likes carrots (or even knows what they are!). Cash for keys is only one example.
Litigation is a crapshoot. You've done everything humanly possible to make the inevitable relocation easy for the squatter but they can't "hear" because the voices in their head tells them to dig their heels in and you'll go away.
Squatters are often mentally and emotionally damaged persons. Sometimes (but not always) affected by things that they ingested.
And my freebie tip for the day: you can't fix stupid.