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Updated over 5 years ago, 04/16/2019

User Stats

15,745
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10,940
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
10,940
Votes |
15,745
Posts

The Occupants from Hell!

Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorPosted

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. ***

User Stats

306
Posts
159
Votes
Chanté Owens
  • Insurance Agent
  • Arizona
159
Votes |
306
Posts
Chanté Owens
  • Insurance Agent
  • Arizona
Replied

@Will BarnardI am so disappointed to hear this for you; this is just too much. I can't even imagine your anger. Not just the money (which, of course, is HUGE), but the constant waste of time. Michaela G had some good ideas above - maybe one/some of the options will work for funding, but also to spread the word about this horrible situation.

User Stats

116
Posts
103
Votes
Ezra Nugroho
  • Investor
  • Milpitas, CA
103
Votes |
116
Posts
Ezra Nugroho
  • Investor
  • Milpitas, CA
Replied

@Will Barnard If you open a kickstarter and/or change.org campaigns, I would make do what I can to promote it in my circle, and with my friends at San Jose Biggerpockets meetup as well. And I am sure that many would do the same in their own circles.

By the way, how's the other guy afford their own legal fees? I guess instead of paying rents or mortgages, they pay attorney fees.

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User Stats

1,981
Posts
1,198
Votes
Bryan O.
  • Specialist
  • Lakewood, CO
1,198
Votes |
1,981
Posts
Bryan O.
  • Specialist
  • Lakewood, CO
Replied

I agree that it's about time to put some media attention on this. The level of public awareness (and therefore pressure) that media brings can put so much more pressure on the courts than just paying more money to grow an already ridiculous system.

User Stats

2
Posts
0
Votes
Mike Jaz
  • Retired Business Owner
  • Buford, GA
0
Votes |
2
Posts
Mike Jaz
  • Retired Business Owner
  • Buford, GA
Replied

I thought that I would be the first (sucker) landlord to post a story about the tenants from hell. Earlier in the summer we decided to rent to a young couple with a two year child. The guy had good credit the girl was a deadbeat. Right after they moved in the problems started. Since the couple moved from quite a distance I had no way to know what their living habits were. The first month we came to do the inspection. That's when I realized the guy was a complete idiot. Before we arrived to do the inspection the tenant complained of a water leak and that he had a professional plumber come out and fix. I asked for the receipts so I can reimburse him for the expense. That never happened. Two months down the road I came to the house on a preset appointment to spray for pests. When I got there I discovered the guy tearing out drywall. He tells me it was mold and he "fixed it." I also discovered malicious damage to the drywall so I called the sheriff to file a report. 
My next step was to get them out by filing a dispossessary. 
When we got to court I brought pictures, receipts, police reports also evidence of other malicious damage and violations of the lease to long to mention here. Guess what?
The magistrate sided with them. I lost. The good part is they moved out on their own a couple of weeks later. When they moved I was able to access the property to find out what really happened. They had a dog. They would allow the dog access to the crawlspace. the pet took the vapor barrier as a toy. He started digging and removing the covering. When the rains came this allowed moisture to come in from the crawlspace thus affecting the living space with some mold especially that time of year (summer). I was glad to see them go but I had to spend thousands on rehab, pest control and crawlspace encapsulation.
(Seems as though they brought with them and infestation of German cockroaches,ugh!)
I did find an attorney and I am hoping to recover through the courts and to steer clear of the Magistrate court. Did you know there is no requirement by law in Georgia to become a magistrate other than residency?

User Stats

3,280
Posts
3,064
Votes
Michaela G.
  • Investor
  • Atlanta, GA
3,064
Votes |
3,280
Posts
Michaela G.
  • Investor
  • Atlanta, GA
Replied

@Mike Jaz , you could simply start your own thread to talk about your tenant.....

User Stats

2
Posts
0
Votes
Mike Jaz
  • Retired Business Owner
  • Buford, GA
0
Votes |
2
Posts
Mike Jaz
  • Retired Business Owner
  • Buford, GA
Replied
Originally posted by @Michaela G.:

@Mike Jaz , you could simply start your own thread to talk about your tenant.....

Thank you Michaela. What would be the topic? "The Tenants From Hell"

User Stats

11
Posts
9
Votes
Kate Elson
  • Weymouth, MA
9
Votes |
11
Posts
Kate Elson
  • Weymouth, MA
Replied

I've been following this thread from the beginning and check back every few months. What the courts have done to you is criminal! I pray you have a resolution soon, what a sad state our justice system is in. 

User Stats

33
Posts
10
Votes
Adrian Smalls
  • Investor
  • atlanta, GA
10
Votes |
33
Posts
Adrian Smalls
  • Investor
  • atlanta, GA
Replied

@WillBarnard..  I am going through a situation that resembles yours in SC minus the fact that they were married.  I am now a year and a half in and yes I do have not one, but two lawyers!!!!  

It really goes to show no matter who you think you are or how much you think you know someone with ill intent can make your life a living #$#$...

Right is right and we must fight until the end!!! Can't stop won't stop!!

User Stats

2,006
Posts
357
Votes
Raymond B.
  • Florida
357
Votes |
2,006
Posts
Raymond B.
  • Florida
Replied

@Adrian Smalls,

To make the @ work, do the following:
Hold down the shift key and type @?
Look below this Window, and you will see a list of names of people that have posted in this thread.
Click on the name of the person that you want notified via an email, that you responded to them.
If you are a Colleague with anyone that has NOT posted in the thread, and you want them to see your post, hold down the shift key, type the @ and the first 4 letters of their First or Last Name.
Then look below this Window and click on that person's name.
Raymond

User Stats

33
Posts
10
Votes
Adrian Smalls
  • Investor
  • atlanta, GA
10
Votes |
33
Posts
Adrian Smalls
  • Investor
  • atlanta, GA
Replied

@Raymond B. Thanks Raymond you are the man!!!  

User Stats

2,378
Posts
1,109
Votes
Bob E.
  • Queen Creek, AZ
1,109
Votes |
2,378
Posts
Bob E.
  • Queen Creek, AZ
Replied

If someone know how to set up a go fund me page I will be happy to donate the 1st $100 to help cover the legal costs of this nightmare.  Just post the link on the thread and tag me.

User Stats

465
Posts
170
Votes
Andy Robison
  • Investor
  • Kansas City, MO
170
Votes |
465
Posts
Andy Robison
  • Investor
  • Kansas City, MO
Replied

Commenting so I don't lose this again forever and a day. Good Luck!

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User Stats

1,557
Posts
1,142
Votes
Jacob Sampson
  • Investor
  • Topeka, KS
1,142
Votes |
1,557
Posts
Jacob Sampson
  • Investor
  • Topeka, KS
Replied

WOW! There are many things about CA real estate that is better than my KS real estate, I assume.  But in KS I can have Sheriff at the door in under 35 days for unpaid rent.

sorry to here about your trouble.

User Stats

2,378
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1,109
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Bob E.
  • Queen Creek, AZ
1,109
Votes |
2,378
Posts
Bob E.
  • Queen Creek, AZ
Replied

I created a go fund me page to help Will cover his legal costs.  

You can:

Donate Here

Will, If we raise more then you need please pay it forward to a worthy cause.

User Stats

3,280
Posts
3,064
Votes
Michaela G.
  • Investor
  • Atlanta, GA
3,064
Votes |
3,280
Posts
Michaela G.
  • Investor
  • Atlanta, GA
Replied

campaign not found

User Stats

13,450
Posts
8,349
Votes
Steve Babiak
  • Real Estate Investor
  • Audubon, PA
8,349
Votes |
13,450
Posts
Steve Babiak
  • Real Estate Investor
  • Audubon, PA
Replied
Originally posted by @Michaela G.:

campaign not found

@Bob E. see above ...

User Stats

2,378
Posts
1,109
Votes
Bob E.
  • Queen Creek, AZ
1,109
Votes |
2,378
Posts
Bob E.
  • Queen Creek, AZ
Replied

Thanks guys I will fix that ASAP!

User Stats

2,378
Posts
1,109
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Bob E.
  • Queen Creek, AZ
1,109
Votes |
2,378
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Bob E.
  • Queen Creek, AZ
Replied

The Link Should now be working:

Donate Here

I am happy to report that Will has his first donation!

Bob

User Stats

2,378
Posts
1,109
Votes
Bob E.
  • Queen Creek, AZ
1,109
Votes |
2,378
Posts
Bob E.
  • Queen Creek, AZ
Replied

Regarding the GoFundMe I started for Will-

Looks like BP deleted the post.  I received a note that they don't allow loan or lender requests, they are considered advertising.  I have appealed and will keep everyone posted.

User Stats

3,280
Posts
3,064
Votes
Michaela G.
  • Investor
  • Atlanta, GA
3,064
Votes |
3,280
Posts
Michaela G.
  • Investor
  • Atlanta, GA
Replied

You can actually find it by going to the GFM page and searching under Will's name. The picture shown is the same one that BobE uses here.

User Stats

2,378
Posts
1,109
Votes
Bob E.
  • Queen Creek, AZ
1,109
Votes |
2,378
Posts
Bob E.
  • Queen Creek, AZ
Replied

Thanks Michaela, Good Point on that.  We from BP shale overcome!

User Stats

3,280
Posts
3,064
Votes
Michaela G.
  • Investor
  • Atlanta, GA
3,064
Votes |
3,280
Posts
Michaela G.
  • Investor
  • Atlanta, GA
Replied

Let's see who's willing to put their money where their mouth is. I think we all benefited tremendously through the information imparted through this thread. 

User Stats

94
Posts
40
Votes
Brandon Cravens
  • Investor
  • Houston, TX
40
Votes |
94
Posts
Brandon Cravens
  • Investor
  • Houston, TX
Replied

I just read through this thread and I am heartbroken/angry.  Whose country is this?

@Will Barnard I definitely believe in the law of the harvest. This guy will reap what he has sown (if he isn't already).  Meanwhile, you are reaping the benefits of a successful RE investment business.

I hope someday you laugh about this and remember a fat profit check!

User Stats

15,745
Posts
10,940
Votes
Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
10,940
Votes |
15,745
Posts
Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied
Originally posted by @Michaela G.:

Let's see who's willing to put their money where their mouth is. I think we all benefited tremendously through the information imparted through this thread. 

 Thank you so much Michaela for all your support in this thread, for your funding idea, and for your contribution.

A big thanks and shout out to Bob E. for setting up the page and being the first to contribute.

The heads of BP have authorized his post and the link is now back live on this thread. Thanks to all for your support, I hope to gather attention in Sacramento regarding the holes in our system that allow crooks to operate like this.

User Stats

3,280
Posts
3,064
Votes
Michaela G.
  • Investor
  • Atlanta, GA
3,064
Votes |
3,280
Posts
Michaela G.
  • Investor
  • Atlanta, GA
Replied

@Will Barnard

when you finally get the house, we want to see before and after pictures!!!