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Updated over 5 years ago, 04/16/2019
The Occupants from Hell!
I am currently dealing with some occupants (who are no more than squatters) and getting them out so I can get in and start the rehab has been a daunting process. Typically, I get them out with cash for keys and it is never easy, but usually effective.
In this case, I purchased the property (practically stole it on price and terms)Feb 28th of this year and am still working on getting these morons out. I offered them $6k! for keys and they did not take it. I started eviction and they have used every tactic in the book to cause delays and extend the process. On the final hour before the summary judgement hearing, one of the two occupants filed for BK causing another 45 day or so delay. Unfortunately in CA, the laws, for some stupid reason, reside with occupants and not the legal owners. (I wont even get started on politics here!)
The good news is that I was able to have summary judgement against one of the occupants and already filed for the Sherriff to remove her from the premises. Should be within the next week or so for that. The kicker is that once it happens, her boyfriend still has rights to be there (until he is finally evicted) so I am quite sure she will just come right back. When that happens, I will make damn sure I make their lives as miserable as possible for the problems they have caused me. How can I do that legally you might ask? I will have periodic visits to the property and when I see she is there, I will call the Sherriff and inform them that she is illegally trespassing on my property and I want her removed/arrested. I will do this as many times as it takes until they get the point or until summary judgement against him occurs. Either way, screw them both!!! :roll:
What comes around goes around and theirs is coming.
***Update as of today 1-31-16: 5 years and 32 thread pages later, this is still ongoing. The following link was created by a BP Member in support of my situation found on page 32 of this thread. https://www.gofundme.com/OccupantsfromHell
This was approved by the heads of BP to be live in this thread. ***
The new family court judge needs to know the whole world is watching or guess what...every family matter case has priority over this...this can go on forever in family court. The only option left is to expose the system, the players and make it a news worthy public matter...otherwise it will get pushed again over a child custody matter etc...there is no priority for this case in family court and there never will be.
Originally posted by @Fred L.:
This is the most ridiculous case I have heard of. 3 years and still no resolution. Just release this to the press/social media and let them pressure the legal system for a faster resolution.
On the brighter side, my son has used the same 3-years (there are 2-days age difference between he and Will's case) to master walking, talking, toilet training, dressing himself and, at they rate he's going, he may have printing mastered before this is settled.
This is insane. I don't understand how this is possible. I wish the courts themselves had a responsibility to compensate those who they can't adjudicate for in a reasonable amount of time. It might inspire a sense of urgency.
...Which is why you got such a "good deal" and why I never buy property that is occupied. A good learning experience. Someone I know's mother with a fourplex in Oakland went through a similar experience. She had to sell the building and declare bankruptcy. And even after hell the tenant initiated another lawsuit against her.
Beware of professional deadbeats and the attorneys that team up with them.
Please tell me @Will Barnard are going public with this? If you don't want to break the news, will you allow someone else? If it's happening to you, it may be or will happen to someone else. I'm sure we can raise $500 bucks and drop this on PRWeb. You can even attach any documents in public record to the press release.
@Will Barnard Has the next court date arrived yet? I've been lurking on this thread waiting for news!
Due to the fact that the judge was moved to another courthouse and this got continued, the new judge assigned needs to get caught up on the case. My attorney went in to court this week (Tuesday) and he informed me that this new judge was much different than the last one, she his hard nosed and will not allow any ********. This is really good news for me. Although I have had to wait even longer now, I believe it will benefit me.
New court date is in January, not sure if that is the day we will start trial or not, but it is the next date I am waiting on. Come February, this is a 4 year problem!
@Marie S. I inquired about that and it was determined that going to the media will do nothing for me here. The moron in my house can give a crap about his reputation or how he is perceived so media will hold no weight for me there. In a big city like LA, this would be a tiny story and if a judge even considered answering any media questions, they would undoubtedly state something like, "if you don't like how it is run, contact your congressman, funds are limited and our hands are tied".
So I have decided that going to the media would not benefit me at this point in time, perhaps later down the road for a show.
Give us an update! We're all hoping for the best.
Will your patience is impressive. Sounds like this new judge has your juducial back. Still I would like to see a media story but at this point it might just interfere. I think the good news is this house has probably appreciated daily all this time. Good luck.
God has greater plans for you, Will. Dont give up on Him, He hasnt given up on you!
Makes you wonder why the Hells Angels is not setting up an eviction service here in the PRC (Peoples Republic of California), they would corner the market in no time...
I'm sorry to hear about your troubles, but also validates my decision to sell in California and 1031 exchange into states with a better judicial system.
wow as an ex SoCal girl, I feel for you and the nightmare tenant laws in CA.
I didn't get through the whole thread. Are they out?
Sorry Will for your trouble, I just read this entire thread! I wouldn't be surprised if the squatter and attorney both knew the property has increased in value as well. They're probably hoping you'll walk away. I could see the attorney investing a few more years to get clear title somehow, especially since the property has steadily appreciated over the years. Seems like anything is possible in CA. Hang in there! I'm rooting for you!
My gosh, I'm so sorry to hear. There are some really crappy people out there. This story alone is enough to make me never buy an auction property thats occupied. I don't care if they're better deals.
@Will Barnard Did you get a hearing date for January?
It is later this month, I am still unsure if that will be trial start or just update the new judge stuff, probably the later knowing the system.
This country needs an enema...CA even more so. This is indicative of the mob rule mentality that has become the former United States of America. Is this that much of a stretch to confiscation of property? I think not. We better wake up before it is too late. Will, I hope it turns out favorably sooner rather than later.
This is a tatical move that I make when I have this type of issue. If they are squatters it is very easy. First post a written notice from a pest control company that the house is about to be tented for termites. Second send a written notice to whom ever is in the home stating they must leave for the fumigation. This is a health and safety issue. Then have the company show up to tent the house. If they have no legal contract you can have them removed for "safety" by the Sheriff . Once they are escorted off have the company seal every window. Then change all the locks on the doors. When everything is all clear have the place gassed for inspection. The first two days the house is unlikely for entry. If on day three the pest control company removes the tent the house is empty and free of squatter. Ensure the power,water, and gas are all in your name and start your work. If you fear they will return hire a security company overnight.
@Charles Reed . And you'll have the 'unlawful tenants' sue you for all you're worth for harassment .
I am assuming by your comment that you did not read the thread. Will is a professional investor dealing with a "professional" occupant and is involved in a 3 year legal battle.
I hope your suggestion is just a late night banter at the bar after a few shots.......because a lawyer would love to see this tactic pulled by someone who owns a bunch of real estate cause he is getting paid !
@Will Barnard , dang, I have to say you have my eternal admiration for being able to see this project through for 3 years. If it were me, I would have curled up in a corner and given up.
Just out of interest though, is there an option to "give up" like sell the property at a loss or something? not saying you should but i am curious what the alternative options are in this case other than trying to evict the squatters?
Sorry Greg but. I did read the thread. Also the beginning idea was a squatter . I have property holdings in California and Texas as well as several other states. I have been doing this since 1982. I am a broker since 1979 and earned my law degree from Texas A&M well before you even started going to school. You should understand that if any person can be easily removed using safety as factor. A squatter has very limited rights and if you really have tenant out lasting your property over three years your Attorney is not very good.
Originally posted by @Charles Reed:
Sorry Greg but. I did read the thread. Also the beginning idea was a squatter . I have property holdings in California and Texas as well as several other states. I have been doing this since 1982. I am a broker since 1979 and earned my law degree from Texas A&M well before you even started going to school. You should understand that if any person can be easily removed using safety as factor. A squatter has very limited rights and if you really have tenant out lasting your property over three years your Attorney is not very good.
I assume that you went to the "age and experience" card was based on how different we look in our pictures. Let me close that gap a little for you. I'm 49, received my license in 1989 and became a broker I 1993 all while attending The University of Texas after serving in the US Army.
So now that I have closed the vast experience gap for you we can move back to the topic at hand. Please provide us with case law where a judge upheld tactics such as you suggested ?
Remedies to remove squatters are numerous and vary from state to state; however, with a bit of craftiness on the part of the property owner, the squatter can be removed without too much difficulty. Safety is such a remedy.
@Charles Reed , what you keep saying in your posts is that you think that Will and his attorney are idiots. Pretty condescending and insulting, when you're just sitting at your desk, reading the posts.
Evictions in California are simply not always paint-by-numbers-scheme, especially if you're dealing with professional tenants, who are just waiting for a misstep from you to sue the hell out of you.