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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. ***
Originally posted by James Hiddle:
If I had my way, it would be legal to open my door to my house and kick the freeloaders out on their azzes. :wink:
I remember back in the old days,if someone invaded your property,you used a Winchester and solved that problem real quick :mrgreen:
Not saying we should go that route but it's amazing how times have changed.
You may still be able to do that in Oklahoma James! :)
If only it were that easy.
The saga continues with these morons. Now, I am having to fight a divorce filing even though this guy was never legally married! This creates, yet again, another notice of stay for the occupants from hell! Of course, this is his last opportunity to file anything as his options are now out. The porblem is that he has cost me thousands of dollars in holding costs and possibly 10's of thousands of dollars in depreciated value over this long waiting period.
If you ever wondered how lawyers got a bad name, all you have to do is check out this ambulance chaser of an attorney! What a piece of crap he is.
Originally posted by Will Barnard:
If only it were that easy.
The saga continues with these morons. Now, I am having to fight a divorce filing even though this guy was never legally married! This creates, yet again, another notice of stay for the occupants from hell! Of course, this is his last opportunity to file anything as his options are now out. The porblem is that he has cost me thousands of dollars in holding costs and possibly 10's of thousands of dollars in depreciated value over this long waiting period.
If you ever wondered how lawyers got a bad name, all you have to do is check out this ambulance chaser of an attorney! What a piece of crap he is.
There should be a online call out site for scumbags who take on cases like this just for the $$. All their info linked to it.
I can't believe the laws in this great nation of ours.
It seems the only person who benefits from our legal system are the people who have nothing to lose.
What is the difference between squatting and Trespassing??? Here in MS. you can shoot people for the latter...
That's almost as bad as the Adverse Possession laws. My dad has been in a messy case over 20 Acres a old man is trying to steal from him. Never paid taxes, has no deed, but he still thinks he deserves it because he had a fence on the property back when it was timber company land 30 yrs ago.
Attorney's best advice was to wait for the old man to die.
I'm so sorry you have to go through this experience. I don't live in CA and if this is the way the law works there, don't want to. In my state it's completely different. I have a solid lease with a clause "owners right to terminate lease" for any reason. They receive the certified terminate lease with 30-day to vacate. If they don't move out by the end of the 30-day notice, I have to start eviction....judge can't overrule 30-day notice to vacate.
Can you get them both outside the house and change the locks??, if they are squatters? I'm in shock that you as a landlord have to go through this sequence...and the cash for keys??? I've never heard of that. I guess CA is totally different.
Good luck to you and may you never have to experience this again.
As to the experience, don't think that because of it, I or any of you should be discouraged about investing here in CA. There is bad with all good and this is just an extreme case of bad, the good will come down the road when I cash my closing check after the sale!
While thisis all very frustrating, it is part of our business and I do have enough spread to keep me safe.
This serves as an example of Economics in action.
Will I know you are very successful and know to work these situations into your calculations. People like your squatters and the lawyers, lawmakers and courts that enable them generally only raise the costs to the business owners. Smart, experienced landlords/RE investors have learned to factor this into their plans. But it does raise the costs of doing business. Perhaps a less experienced landlord might not have planned for this possiblility and the time, effort and lost rent from this couple's actions might have put that landlord into bankruptcy. In any case, the costs for all landlords are higher. In turn, they pass that along to the tenants in the form of higher rents or higher property prices. Neither really serves the citizens of the state very well.
I'm all for giving everyone his or her day in court. These people and their attorney are merely abusing the system. In this age of instant information, I hope it catches up with them.
Off soap box now.
Thank you Kevin, couldn't agree more. It is only due to my planning for the worst, (although the worst is much worse than anticipated)that enables me to keep this deal in the black.
I did get a full eviction of one of the occupants and am awaiting the final date from the Sherriffs for removal and lock out. I was also awarded over $7k by the judge from this occupant. Getting that money will be another battle in of itself, but at least I have the satisfaction (or will soon).
Now the last of the two.
The problem is not only in California. I have a property in NY that is fully rented. I had a tenant which was evicted by the Sheriff after 5 months of him playing the system.
Tenant went back to the judge saying he has lived over 20 years and has partial payment. Guess what I had let him back in. At this point he is again behind in rent.
GO FIGURE!!!
Jerry, I feel your pain!
Perhaps you should join in with us in this thread:
http://www.biggerpockets.com/forums/25/topics/66661-investors-need-a-voice
I wonder where do these guys get the money to pay lawyers and run around court. They could utilize there knowledge in better things and earn honest living.
Originally posted by Will Barnard:
I did get a full eviction of one of the occupants and am awaiting the final date from the Sherriffs for removal and lock out. I was also awarded over $7k by the judge from this occupant. Getting that money will be another battle in of itself, but at least I have the satisfaction (or will soon).
Now the last of the two.
Here's a tip, send a check to them for $5, no contact info, when they cash it you'll have their banking info. tap that account for all it's worth.
Joe, thanks for the suggestion. I am aware of that trick but have not reached that point yet. I am still waiting on the Sherroff dept. for the eviction date. Once that happens, I will be able to apply more pressure to the other occupant as his living mate will not be able to be there any more and hopefully, he will reconsider my attorney's last offer to get him cash to walk.
Will, have you and the Sheriff resolved this? Updates please.
Unresolved. The Sherriff was stopped by legal action. I am now attached to a divorce hearing in which I need to fight this yahoo on his acusations of:
He owns the property and it could not sell without his signature (even though he was not on title, and the transaction went through full title and escrow)
I engaged in unscrupulous business practices.
(Say that to my face you low life attorney- you will likely need new bridge work after)
I conspired with seller to transfer title without his knowldge or permission. (refer to title issue)
By the way, he holds no legal marriage certificate with the seller, yet CA law requires that I must go to court to prove his accusations and claims have no foundation or merit (which none do not)
Say hello to another 2 months minimum of holding costs!
Will, so sorry to hear this.
I know how strong you are and how prepared you are for life's curveballs.
Is there any opportunity for you to seek compensation when these claims prove false? Would it do you any good?
Originally posted by Kevin Yeats:
Will, Any updates?
Please tell us these two moved from Occupy someone else's property to
Occupy a Jail Cell
Not yet Kev, it is a system waiting game right now and the CA system favors the idiots.
It will likely be the end of the year before I have any satisfaction of them exiting my property.
Kind of like that very annoying fly that keeps buzzing around you until you swat it with a fly swatter.
Another 2 months have passed.
Will please tell us that these bums are out and you have new paying tenants in place.
*
I fear from the lack of updates that the Occupy whatever tenants are still creating nightmares.
Kevin, unfortunatley for me, I have no good news to share. These are not tenants, but occupants claiming title rights and all kinds of things to stay in the home. I have yet to resolve this issue after almost a year now.
It's a shame it's gotten this far. I've dealt with some pretty ballsy squatters, but never this horrendous.
Forward your mail to the property. Watch the house until he leaves, get some movers to move all of his crap out, change the locks and....wah-lah! Look who's occupying now.
Possession is 9/10 of the law....right? That's how these thieves are taking advantage of the system...why can't we use it against them?
I have seen this done before, and it worked. Not exactly sure how legal it would be, but how legal is what the squatters are doing?
Make his life hell. Do whatever you can and ride the fine line of the law. Let him tear the house up....it will probably be less pricey than months & months of holding costs.
Good luck in your situation, and please keep us posted.
Originally posted by James Hiddle:
Still legal in Texas and Oklahoma