Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Rehabbing & House Flipping
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 5 years ago, 04/16/2019

User Stats

15,745
Posts
10,941
Votes
Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
10,941
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

4,302
Posts
3,988
Votes
Jerry W.
Pro Member
  • Investor
  • Thermopolis, WY
3,988
Votes |
4,302
Posts
Jerry W.
Pro Member
  • Investor
  • Thermopolis, WY
ModeratorReplied

Hey @Will Barnard , any good news yet?

  • Jerry W.
  • User Stats

    4,302
    Posts
    3,988
    Votes
    Jerry W.
    Pro Member
    • Investor
    • Thermopolis, WY
    3,988
    Votes |
    4,302
    Posts
    Jerry W.
    Pro Member
    • Investor
    • Thermopolis, WY
    ModeratorReplied

    Sorry Bud, I missed the last page of this thread and see it is wait until October now.  Tough luck Bud hang in there.

  • Jerry W.
  • PropStream logo
    PropStream
    |
    Sponsored
    Nationwide property data Use our robust, multi-sourced data to find off-market properties and close your next deal.

    User Stats

    15,745
    Posts
    10,941
    Votes
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    10,941
    Votes |
    15,745
    Posts
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied

    Yes, in a holding pattern until October, I am sure the occupants are so disappointed about having another 6 months of free room and board.

    User Stats

    8,666
    Posts
    4,013
    Votes
    Jon Klaus
    • Developer
    • Garland, TX
    4,013
    Votes |
    8,666
    Posts
    Jon Klaus
    • Developer
    • Garland, TX
    Replied
    Originally posted by @Will Barnard:

    Yes, in a holding pattern until October, I am sure the occupants are so disappointed about having another 6 months of free room and board.

     So in California, are property owners required to feed their squatters, too?

    User Stats

    7,658
    Posts
    4,299
    Votes
    Roy N.
    Pro Member
    • Rental Property Investor
    • Fredericton, New Brunswick
    4,299
    Votes |
    7,658
    Posts
    Roy N.
    Pro Member
    • Rental Property Investor
    • Fredericton, New Brunswick
    ModeratorReplied
    Originally posted by @Jon Klaus:
    Originally posted by @Will Barnard:

    Yes, in a holding pattern until October, I am sure the occupants are so disappointed about having another 6 months of free room and board.

     So in California, are property owners required to feed their squatters, too?

     ... and let us not forget the weekend beer supply!  Not the cheap swill either, the local microbrewery lager is in order.

  • Roy N.
  • User Stats

    15,745
    Posts
    10,941
    Votes
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    10,941
    Votes |
    15,745
    Posts
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied
    Originally posted by @Jon Klaus:
    Originally posted by @Will Barnard:

    Yes, in a holding pattern until October, I am sure the occupants are so disappointed about having another 6 months of free room and board.

    So in California, are property owners required to feed their squatters, too?

    Apparently so, good thing for Taco Bell.

    User Stats

    597
    Posts
    259
    Votes
    Mike G.
    • Rehabber / Flipper
    • Simi Valley, CA
    259
    Votes |
    597
    Posts
    Mike G.
    • Rehabber / Flipper
    • Simi Valley, CA
    Replied
    Originally posted by @Jon Klaus:
    Originally posted by @Will Barnard:

    Yes, in a holding pattern until October, I am sure the occupants are so disappointed about having another 6 months of free room and board.

     So in California, are property owners required to feed their squatters, too?

     If not, I'm sure that law is coming soon...

    User Stats

    23
    Posts
    7
    Votes
    Ryan Byrne
    • Real Estate Agent
    • Huntington Beach, CA
    7
    Votes |
    23
    Posts
    Ryan Byrne
    • Real Estate Agent
    • Huntington Beach, CA
    Replied
    Originally posted by @Will Barnard:
    The sick thing is that both parties were married at the time of their elegeded marriage and since both were married before, they both have knowledge of the fact that a legal filing must be made, therefore, this idiot has no legal ground to stand on. Unfortunately, his dirt bag attorney really knows how to milk the system and has yet again found a way to postpone the hearing this week, of course granted by the judge even though it was not legal. I hate our family court system!

    I just learned all about the CA family court system in a documentary called Divorce Corp narrated by Dr. Drew. So sad and scary that this system goes unchecked in this state.

    User Stats

    15,745
    Posts
    10,941
    Votes
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    10,941
    Votes |
    15,745
    Posts
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied

    "Sad" is putting it mildly at best Ryan!!!

    User Stats

    123
    Posts
    99
    Votes
    Edward Hamill
    • Professional
    • Nokomis, FL
    99
    Votes |
    123
    Posts
    Edward Hamill
    • Professional
    • Nokomis, FL
    Replied

    Sad is that we are coming up on the 3rd anniversary of this thread in just a few days and there has been no resolution!  Thinking that @Will Barnard wont be celebrating this anniversary with cake and champagne...

    Account Closed
    • Homeowner
    • Ventura County, CA
    2
    Votes |
    6
    Posts
    Account Closed
    • Homeowner
    • Ventura County, CA
    Replied

    I just stumbled upon this thread and I have no words. I am SO incredibly sorry.  For what it's worth, you have my support and well wishes! @Will Barnard 

    User Stats

    15,745
    Posts
    10,941
    Votes
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    10,941
    Votes |
    15,745
    Posts
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied

    Thank you Stacey, while I appreciate your sentiments and those from others, I am afraid the only relief I will get is still down the long road. Waiting until October just to get back to court, then, assuming I win, going through eviction process again. I have no doubt that these dirtbags will use the system to their advantage again, file BK again, and get another notice if stay. This is not a smooth road at all, people like this, and particularly the attorneys who represent them, should be publicly executed via a street hanging, with opportunity for citizens to watch via pay per view and proceeds going back to reimburse the hardships to the victims, in this case, ME!

    Rent To Retirement logo
    Rent To Retirement
    |
    Sponsored
    Turnkey Rentals 12+ States. SFR, MF & New Builds, High ROI! 3.99% rates, 5% down loans, below market prices across the US! Txt REI to 33777
    Account Closed
    • CA
    182
    Votes |
    762
    Posts
    Account Closed
    • CA
    Replied
    Originally posted by @Mike G.:
    Originally posted by @Jon Klaus:
    Originally posted by @Will Barnard:

    Yes, in a holding pattern until October, I am sure the occupants are so disappointed about having another 6 months of free room and board.

     So in California, are property owners required to feed their squatters, too?

     If not, I'm sure that law is coming soon...

     This may seem ridiculous but it's not, this CA woman has to keep a bike lock on her refrigerator door to keep the (legal) squatter out!   Unwelcome Squatter 

    User Stats

    85
    Posts
    8
    Votes
    Gil Lieblich
    • Real Estate Investor
    • North Brunswick, NJ
    8
    Votes |
    85
    Posts
    Gil Lieblich
    • Real Estate Investor
    • North Brunswick, NJ
    Replied

    wow.... i don't know how to feel... At first i saw the thread pop up and saw how old and i thought ok probably hundreds of people telling their horror stories... then i realized it was ll your story. I have to say i laughed, i cried, i threw things. I learned to love and hate and learned to be scared, be very scared. 

    It took all my willpower to not to skip ahead to the last page as i didnt want to ruin the happy ending... damn damn damn i cant believe i went through all that and got no results... This is like watching game of thrones and realizing i have to wait til next season to find out what happens... god bless you and all you have gone through and for still telling us your story as frustrating as it must be answering posts that repeat for three years.

    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

    I'm curious : Are you able to have insurance on the property right now? Can you do it as 'rental property'?

    User Stats

    15,745
    Posts
    10,941
    Votes
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    10,941
    Votes |
    15,745
    Posts
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied
    Originally posted by @Michaela G.:

    I'm curious : Are you able to have insurance on the property right now? Can you do it as 'rental property'?

     Good question, yes insurance and it is occupied insurance as the squatters are living there, so I do not have to pay for a vacant insurance policy. Maybe I will get lucky and they will both spontaneously combust, burn the house down with them, and put an end to my misery and their miserable lives.

    User Stats

    2,082
    Posts
    1,043
    Votes
    Ibrahim Hughes
    • Real Estate Consultant
    • Bloomfield, NJ
    1,043
    Votes |
    2,082
    Posts
    Ibrahim Hughes
    • Real Estate Consultant
    • Bloomfield, NJ
    Replied

    Unfortunately you have to be takrn through this by the system when it's the system's laws you're trying to follow. Have you thought about bringing the media in? this is an incredible story that will likely put the judge on the spotlight and maybe even force him to finally render a final decision. In your favor of course.

    User Stats

    39
    Posts
    3
    Votes
    Lubasha White
    • Saint Petersburg, FL
    3
    Votes |
    39
    Posts
    Lubasha White
    • Saint Petersburg, FL
    Replied

    I used to have properties occupied after purchase few times and every time I was the one who is solution maker. Title companies failed, I did their job and found all keys, attorneys played money game, I found an honest one and gave him the vision of clear way out, so there were 2 months of learning ropes from my side but then occupant get kicked out quite in a few days after second hearing. The matter is in details, they might help to build the whole conception of case comfortable for legal system. Cloud on title is a really scary thing, I was lucky court records could help me to beat title company once, but I don't know what I could do with squatters that kind of class like in your story. Anyway I would try to do investigation personally in court rooms and give attorney ready plan to work with. If it make sense, attorney will be happy just to go and say judge hello for reasonable fee. The worse part that case is getting too big and the material to investigate is snowballing now. Something is telling me that there were errors in every step before and that might make the case simply endless. Probably getting a deal with those dead bits is your only option, I know it sounds crazy, but this is the reality of legal system we are dealing with today.

    Wish you very best of luck in your next court day, and I really wish you prove me wrong. That would inspire loyal people of all kind and we should thank you for sharing so hard earned experience.

    User Stats

    19
    Posts
    0
    Votes
    Joe C.
    • Handyman
    • Joliet, IL
    0
    Votes |
    19
    Posts
    Joe C.
    • Handyman
    • Joliet, IL
    Replied

    I know your waiting till oct, but was just wondering if any new/good news??

    User Stats

    15,745
    Posts
    10,941
    Votes
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    10,941
    Votes |
    15,745
    Posts
    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied
    Originally posted by @Joe C.:

    I know your waiting till oct, but was just wondering if any new/good news??

     This is one of those cases where "no news is good news" does NOT apply!!!! I have no news or updates to offer, I can only wait until my trial date.

    User Stats

    628
    Posts
    251
    Votes
    Don Hines
    • Investor
    • Little Rock, AR
    251
    Votes |
    628
    Posts
    Don Hines
    • Investor
    • Little Rock, AR
    Replied

    Any chance Judge Judy can hear this case? I would love to watch that one.

    Don

    User Stats

    893
    Posts
    230
    Votes
    Karen Schimpf
    Pro Member
    • Lender
    • Nat'l Commercial Mtg Lender - Round Rock, TX
    230
    Votes |
    893
    Posts
    Karen Schimpf
    Pro Member
    • Lender
    • Nat'l Commercial Mtg Lender - Round Rock, TX
    Replied

    @Jon Klaus and @Will Barnard:

    I had a similar situation.  The tenant was saving up their money for closing while their home was being built. I got the tenants evicted by the standard procedures since the significant other didn't file for bankruptcy.   

    I bet it was a surprise to our tenants when they didn't get the loan to move into their newly built home.  Lender's pull credit the day of closing.

    Anyway as a landlord you will hear unbelievable stories of why you didn't receive payment.  I had a system that if I didn't receive payment by the fifth day, I began the process of filing eviction notices, posting the notice and having sheriffs issue the evictions.  This is a business so get your systems in place.

  • Karen Schimpf
  • CLOSED Title logo
    CLOSED Title
    |
    Sponsored
    CLOSED Title is the Investor Friendly Title Company CLOSED Title, founded by real estate investors. Double closings, assignments, we do it all.

    User Stats

    3,601
    Posts
    4,334
    Votes
    Marcia Maynard
    • Investor
    • Vancouver, WA
    4,334
    Votes |
    3,601
    Posts
    Marcia Maynard
    • Investor
    • Vancouver, WA
    Replied
    Originally posted by @Karen Schimpf:

    @Jon Klaus and @Will Barnard:

    I had a similar situation.  The tenant was saving up their money for closing while their home was being built. I got the tenants evicted by the standard procedures since the significant other didn't file for bankruptcy.   

    I bet it was a surprise to our tenants when they didn't get the loan to move into their newly built home.  Lender's pull credit the day of closing.

    Anyway as a landlord you will hear unbelievable stories of why you didn't receive payment.  I had a system that if I didn't receive payment by the fifth day, I began the process of filing eviction notices, posting the notice and having sheriffs issue the evictions.  This is a business so get your systems in place.

    Your situation and how you handled is interesting and may be good info for those who are new to the business to hear. However, it is far from being similar to the situation that started this thread!  Both Will and Jon are seasoned pros and quite experienced in setting up effective business systems and dealing with the typical tenant.  If you haven't read this whole thread, it is worth taking the time to do so. Quite an amazing saga! Note the date of Will's initial post... 2011. Virtually endless, and perhaps the longest thread on BP, it entered the twilight zone some time ago!

    User Stats

    29
    Posts
    8
    Votes
    Lonnie H.
    • Orlando, FL
    8
    Votes |
    29
    Posts
    Lonnie H.
    • Orlando, FL
    Replied

    Since I've been following this thread for quite some time, I've wondered if a local media outlet has picked up on this story?

    User Stats

    6,201
    Posts
    4,342
    Votes
    Dawn Anastasi
    Pro Member
    • Rental Property Investor
    • Milwaukee, WI
    4,342
    Votes |
    6,201
    Posts
    Dawn Anastasi
    Pro Member
    • Rental Property Investor
    • Milwaukee, WI
    Replied

    I've never thought there would ever be a Will Barnard meme, but here it goes ...