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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. ***
Will this be the last court hearing if it is not pushed?
@Will Barnard , good luck and let us know how it goes.
Originally posted by Ron Kelley:
According to the judge, this can not be pushed. As far as the last court proceeding, I hope so. Assuming I win, I am informed I can re-start the eviction process.
So has anyone had a situation with a tenant such as this so bad to the point, when it finally came down to them leaving, you found broken windows, holes in the wall, sinks removed, or even Arson? I'm just curious.
@Trevor Rutherford - that banks get that a lot in the foreclosures they take back ...
Originally posted by Will Barnard:
According to the judge, this can not be pushed. As far as the last court proceeding, I hope so. Assuming I win, I am informed I can re-start the eviction process.
Assuming you win, you can now start at square one again ... lovely!
Exactly. How pathetic almost 3 years later!
When do you head back to court?
Originally posted by Elizabeth C.:
This Thursday and Friday.
My amount of disgust has hit epic levels. Either I wronged someone in another life or God hates me.
I arrive at court at 8:30am today with my attorney, of which I am paying obviously. We see that the court room is full and there are 23 cases shown on the list. How can that be when we have a trial! We wait and wait and then are told to go to lunch and come back at 1:30. We do so, wait some more and another case is called. finally, our file (super thick one from my estimation from the gallery view) is placed on the judges counter by the clerk and the clerk asks the judge, "what do you want to do with this one?" The judge whispers, "****" but loud enough for me to hear it all the way in the back! Now I am getting a really bad feeling in my gut. Judge calls our case and requests counsel to convene in chambers. After about 5 minutes, I see my attorney coming out with opposing counsel. Opposing counsel has his normal grin of happiness and relief while mine looks a bit perturbed. I am now cussing under my breathe in the back as I already know what the story will be. But wait, it gets worse.
He tells me that they obviously overbooked the court today and that this judge will not be there tomorrow, whatever the hell that means. SO not only did they waste my entire day (could have easily told us this at 9 am this morning) and all my costs to pay my attorney to sit there with me all day and shoot the breeze, but now, we cant even start tomorrow either.
Even though the previous judge made an order that these proceedings were NOT to be postponed (it even stated that on the sheet in all caps!), this judge does so anyways. This court system makes me freakin sick !
Next court date - December 20, 2013! The rest of what I have to say can not be typed here, it is against the forum rules! I will say this, may a giant sized meteorite land on this jerks head!
All our best wishes are going out to you!
@Will Barnard you are a very patient man, every time I read this thread I hope you will have good news. Not only do you have the occupant from hell but the courts are feeding the hell fire. I do hope you hang in there and your next trip to court spells the end!
You are probably the first person to ever call me patient, that is not one of my strong points and this situation has really tested what little I do have. I am about ready to deliver Hell.
Originally posted by Will Barnard:
Next court date - December 20, 2013! The rest of what I have to say can not be typed here, it is against the forum rules! I will say this, may a giant sized meteorite land on this jerks head!
I can certainly sympathise with you. If you get your wish for a meteorite, I hope it is composed of Coprolite (fossilized dinosaur feces).
Do you have recourse for not having your "day in court"? Can you sue the legal system or something?
I concur Edward.
Marc, as much as that would bring a smile to my face, the balance of my years wearing an orange jumpsuit with my new boyfriend bubba would not bring the same smile so I will wait it out.
A long drawn out process is what the squatter wants, and so you want to move away from that as much as possible.
I doubt the b@stard has the resources to engage on multiple fronts and It might be worth thinking of ways to put him on the defensive. You (or another) can file one or more suits against him and/or his girlfriend, or engaging him in anything that would take up some of his resources.
Even if you are certain to lose the suit, the idea is to burn out his time and money in the short term, thus leaving him with less resources to put into the main case.
Lawyers dont like working for free.
just my $0.02
Originally posted by @Roy N.:
Best of luck tomorrow! Let us know how it goes.
Thank you, it is about time that luck sits on my side. This has been like a two year nightmare that you can't wake up from. I would imagine hell is very similar.
Ah yes, the final pages of your troubling experience takes place today, best of luck today Will, the end is in sight.
This too shall pass...no matter what, just keep that in mind. You'll get through this and come out stronger on the other side. Next time a tenant threatens to take you to court you can laugh in their face, you've seen it all by now! Keep up the positive energy and I hope all goes well and in your favor tomorrow!!!
Hopefully you got this resolved yesterday, but your silence indicates to me that our great judicial system has mange to screw up again.