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User Stats

15
Posts
6
Votes
Yash Warke
  • Atlanta, GA
6
Votes |
15
Posts

Trespasser in my property

Yash Warke
  • Atlanta, GA
Posted

Friends,

My tenant has broken the lease and moved out of my property (we got her to sign a lease termination agreement, so we could take back possession of the property), but her boyfriend (who is not on the lease) has now entered and is staying in the property....and wouldn't leave. He claims he has been making rent payments every month so far (the lease lasted 4 months).

Aside from filing a dispossesory/eviction which takes months, what options (possibly quicker) do I have - both official and unofficial - to get him to leave and turn over the property to me?

Account Closed
  • Investor
  • Scottsdale Austin Tuktoyaktuk
4,138
Votes |
4,205
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Account Closed
  • Investor
  • Scottsdale Austin Tuktoyaktuk
Replied
Quote from @Yash Warke:

Friends,

My tenant has broken the lease and moved out of my property (we got her to sign a lease termination agreement, so we could take back possession of the property), but her boyfriend (who is not on the lease) has now entered and is staying in the property....and wouldn't leave. He claims he has been making rent payments every month so far (the lease lasted 4 months).

Aside from filing a dispossesory/eviction which takes months, what options (possibly quicker) do I have - both official and unofficial - to get him to leave and turn over the property to me?

 Having A Problem With Squatters? Try this

https://www.biggerpockets.com/forums/52/topics/1148542-swat-...

User Stats

14,281
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10,960
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Theresa Harris
Pro Member
#3 Managing Your Property Contributor
10,960
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14,281
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Theresa Harris
Pro Member
#3 Managing Your Property Contributor
Replied

When did the lease end and when was the last rent payment?  If move out was Sept 30 and rent was paid for Oct, then someone paid to stay there.  If he's not on the lease, you can try calling the police, but chances are they won't do anything.  Do you want the boyfriend as a tenant?

  • Theresa Harris
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    User Stats

    15
    Posts
    6
    Votes
    Yash Warke
    • Atlanta, GA
    6
    Votes |
    15
    Posts
    Yash Warke
    • Atlanta, GA
    Replied

    Lease was terminated Oct 9. Last payment received was in Sep (in the name of the tenant). We did not receive Oct rent. The move out was not initiated by me, the tenant abruptly moved out. No we don't want this boyfriend as tenant.

    We tried calling the police. They told us since he claims he  has been paying bills, they cannot remove him right then and there, but asked us to file an intruder warrant. Problem is we filed it but it is such a new law that no one in the police/sherrif/marshals office knows how to execute. 

    User Stats

    100
    Posts
    69
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    Replied
    Quote from @Yash Warke:

    Lease was terminated Oct 9. Last payment received was in Sep (in the name of the tenant). We did not receive Oct rent. The move out was not initiated by me, the tenant abruptly moved out. No we don't want this boyfriend as tenant.

    We tried calling the police. They told us since he claims he  has been paying bills, they cannot remove him right then and there, but asked us to file an intruder warrant. Problem is we filed it but it is such a new law that no one in the police/sherrif/marshals office knows how to execute. 

    You might be f*cked. Although it is expensive, it may make sense to file eviction the the POG as a backup. The new law may not be sorted out in time, and if it's only a few hundred dollars to file eviction, it might be quicker. Best case scenario, they remove the POS, and he has a record for the eviction. Worst case scenario, the eviction goes through and removed the POT. You cannot trust the police; the do not work for you.