All Forum Posts by: Rob Carmody

I own a home that has turned into an immediate problem child. 

There has been multiple break-in's at the property, some of which have been burglaries and some have been squatters. The individuals that broke in did the following:
    a. Pried open my back, wooden fence
    b. Removed/Stole my Electrical Meter + Base (thus turning off the electrical + Wi-Fi/Ring Security System)
    c. Broke down the doors and stole all of my mechanicals + material on-site (resulting in ~$30K worth of damage)

I just had a contractor walkthrough and talk to neighbors and apparently there is now a homeless man who has been sleeping upstairs (he wasn't present, however bedding was present). The neighbors also mentioned that "he is well known around the neighborhood for sleeping in vacant homes and has already burned down 3 of them." There was a squatter sleeping there a month ago one night, but the police were called on-site and arrested him. I am assuming this is the same person.

I am trying to sell the property as soon as possible, however securing the property seems like a MUST (regardless of whether I finish the renovation or sell as-is). What I don't want to do is piss off the squatter enough to where he doesn't leave OR burns the place to the ground. Additionally, if I successfully am able to secure the property (again, seems like this is a must) then should I just keep pushing through the renovation to try and break even on the flip?

Additionally, how should I work with my insurance company/police/contractors to prepare for the worst?

Thanks for the reply, the undue enrichment piece is an interesting one. I am hoping to negotiate a settlement here, but am planning for the worst.

Two follow-up questions:

1. I asked him to board things up and talk to the police, which was mutually beneficial to us (he also filed a separate police report), and I paid for the materials for the boarding. This was over a month ago at this point, and no discussion around payment was made. Understanding that you're saying this could constitute payment, how would that final number be decided? 

2. You mentioned that I will potentially owe 'less than 80%' based on the work being subpar - Legally, how would this number be decided? I can foresee him arguing it's '99% done' or 'no you don't need to update this or that'

Moving forward, I am doing the following immediate actions:

1. Contacting other drywallers in the area to provide estimates to complete and remediate the existing job. These estimates should provide evidence for when we negotiate a settlement. The contractors will take photo evidence of what issues exist and where they need to update/complete.

2. Changing the locks and adding security to the home, to ensure he does not vandalize or damage the property.

I have been through the worst experience with this drywaller.

1. I am not using a general contractor, I have been organizing the labor myself. I am doing this completely remotely, which has been a massive pain/lesson learned (topic for another day).
2. I signed a very high-level agreement (i.e. expectations simply say "drywall and paint") with him for drywall and paint work at my home for a total of $10K
3. I have paid $5K as a down payment as well as ~$2K in materials over time, as needed
4. There have been multiple break-in's in the home, and he has done me favors of working with the police, and boarding things up. He has had ~$1K worth of tools and material stolen, even after I warned him not to leave things there.
5. The timeline has shifted over and over again. It was supposed to be done in mid-July and he keeps pushing it back week by week. He has quoted the break-in's as to why the timelines keep shifting.
6. I have requested pictures over and over again (again, completely remote), and I have only received a handful the entire time. From what I've seen through pictures, the quality is sub-par (e.g. bad patching, no primer used, no corner bead used, etc.).
7. I have recently started to get more strict on timelines (this is now 2mo delayed), and now he is halting the work. He just said "now I don't feel appreciated, let's settle those favors I did you before we proceed any further" and sent me an invoice for $2K for the lost materials + time with the break-ins.

Overall, the job seems to be ~80% complete but with poor quality, and I will absolutely need to hire someone else to fix his mistakes. I thought I was being flexible with the timelines because he had helped with the favors, but it's gotten out of hand at this point.

1. What am I truly liable for? I'd assume the 'favors' don't constitute payment.
2. What is the best way to cut ties with him? (I don't want him to put a lien on the home or break-in himself and mess things up)
3. Any other recommendations you may have.