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I was fortunate to actually have a talk with my attorney today.
Now remember you are not in California and any Hillbilly, redneck southern justice is gonna' put you in jail. Sorry. I agree with all your common sense but common sense doesn't exist in California. All these moochers have rights and what we came up with is this; With no landlord/tenant agreement and not ever paying my brother any rent, these people are not squatters. They are my deceased brother's friends that just happened to over extend the invite. One option is I can shut off the electricity and natural gas. They will suffer with no showers and can't cook, put up a clothes line... etc. After a week or two, then (my lawyer suggested this) offer them a written letter offering a cash payout that they will leave and never come back. Once that goes down, immediately change the locks. |
About like I thought.
Did the attorney suggest informing the law of the situation, or would it be better to wait? They may depart when the lights and water go off. |
I thought to be a squatter and claim those rights, improvements to or upkeep of the property have to be proven. Then again, it's California, I'm probably wrong.
There are now squatters in Austin, Texas. They are now squatting anywhere they like, hike and bike trail, sidewalks, pedestrian bridges, in front of establishment, etc.. Dueces everywhere. Glad I moved. Still work around the city however. |
Squatters is too nice a term to describe those people in the O.P. thread. They were hoping to fly under the radar, simple free-loaders. Some squatters, believe it or not, have done good things for neighborhoods and decrepit buildings, - properly repairing, restoring and occupying forgotten properties, good squatters exists, sure it's rare, but there are cases. Though most squatters will usually hasten the demise of any building, knowing this there are even landlords who encourage squatters to 'live' in properties they wanted to develop but were t allowed to, so they use squatters to get back at a neighborhood association etc. a huge mess ensues... it gets ugly.
Best of luck to O.P. glad he will get his former brothers house which is rightfully his. The whole thing must be very difficult, it was upsetting just to read about the ordeal. |
I think we have some squatters at the (formerly-) vacant house at the end of my block. Some old lady supposedly owns it, as well as another house in which she lives. I haven't seen her live in it for the 10 years I've been in my house. But we have this exploding homeless problem here in LA, and I think squatters have moved in. Over the past few months I'll see a gate open, or hear someone moving about in the yard. No car parked in front, so it doesn't seem like a caretaker is the soirce. Today the front door was cracked ajar when I walked my dog this evening.
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Seems good strategy (in these unusually tolerant cities) to watch the obituaries and move into any temporarily vacant house left by a death. Live there free until the new owner pays you to move. Then go to the next one (or maybe run the gig at multiple homes for additional income streams). Pretty good gig.
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Hmmm. Well, I’ve been an attorney a long time and no lease and not paying is practically the very definition of squatter. And, I evict squatters for banks as part of the work I do, every day
In NY your plan would likely result in the squatters calling the utility companies. The utilities would be turned on and the financial charges for same would just accrue and eventually if unpaid, become a lien on the property. Not a huge deal but defeats your plan. Cali is probably just as squatter friendly as NY I’m not against trying your plan though. I’m more of a do as I say not as I do sorta guy if you know what I mean Quote:
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I guess it’s a nice gig if you like being homeless. Whenever I’m working to remove squatters I can’t help but thinking back to my favorite film, Midnight Cowboy. Ratzo’s little flat was sorta cozy |
Here are some examples of 'good squatters'....who turn 'unused space' into community garden 'improvements'...but got zapped by the system:
(your problem occupants do not qualify as such) https://www.dailymail.co.uk/news/article-3147053/Keen-gardener-spent-5-000-turning-derelict-land-block-flats-urban-oasis-ordered-rip-didn-t-permission.html https://www.nytimes.com/2018/10/26/us/white-women-calling-police-black-men.html https://www.pe.com/2013/08/16/san-jacinto-community-garden-removal-ordered/ Being in California, I wouldn't mess with the utilities or harass them without due (legal) notice. Do this carefully. I don't think your particular attorney is correct, unless you are willing to risk additional compounding legal fees, depending on the occupants. Reconsider other attorneys. It is an emotional time. (they might be very experienced with the system and are 'disadvantaged' in some way...new kids included) It is California. Unless you are guaranteed a local judge sympathetic to owners, don't mess with the utilities! In the end...it is a mostly free house probably to the next of kin, and a time to wrap up that part of your life. Fixing up to sell will be your next challenge. Take the higher route. |
SWAT the address a couple times, the cops might come after you, but most of the time they figure it out and play along more than twice, nothing to lose but more of your sanity.
Suggestion; say a couple of AR-15's are being built there illegally |
I had a situation like this happen to a cousin of mine.
Locked up on federal charges. Couldn't post Bail for 18 months. Charges were dropped and he went home. His home was full of prostitutes and drug users. He resorted to violence, and they all left. Ended up selling his house a little later. |
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Be SURE it is well insured before taking any action against the people in there.
If they damage it, you will want insurance... |
I am going to take the High Road and do what my Lawyers suggest. I don't want to be the bad guy in a liberal Judges decision.
Probate will be from seven months to a year. Bottom line... these parasites might be there for a long time. If I become the bad guy in the California Court by turning off utilities, these worthless leeches will get sympathy. Water and garbage can't be turned off anyway. They just hold the home owner hostage for all the back payments and keep the utilities on. On a humorous note.... The one that my sister from Missouri belted and threw off the property three weeks ago has parked a car right in the middle of my deceased brother's driveway and just left it there. I know she wants me to have it towed and then claim some illegal crap. Crazy man but I need to just let it roll until the legal stuff works for me and my dad. Thanks for the input everyone but this isn't going to end for a long, long time. |
good point zeke - maybe get title, then insurance, then start getting them out
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ASAP:
Try to get appointed Trustee for the estate by a judge which will get you the needed authority. Try to identify all present occupants and collect your brother's belongings (the paperwork). Document this with a sheriff present. Document existing condition of property. Everything. Get all bills and try find out about any outstanding debts brother may still have. Try to get the probate process expedited, due to your own limited time and money and plans, or any other special circumstances. |
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You will probably end up with a 10k water bill, and damages to boot . You have one tool left in your tool box. Give them money . It will be cheaper in the long run . Pay for your piece of mind, and get your brothers property back. I've lured bad tenants out with cash before . I have also taken the doors off, threatened them, stalked them, cut power etc. We went in with a crew of guys one night, loaded up all this womans stuff, and asked here where she wanted it to go. All the while , she is crying , screaming and pleading . 6 months late on rent, and just destroying the place . 9 freaking cats. We paid for one month at the storage unit, and left it all there . Packed it in nicely, and pulled out . . Took her cats and all . I do it by the book now though . |
Rapewta,
Now, they have access to free lawyer service. Those fooking liberal lawyers hate owners with a passion. yeah, all fee to screw you in CA. So be aware of that. Rent control bill was just signed by our dumb fook Gov Newsome. I have to read up on that more but its aint looking good for us. Don't do anything stupid and play by the book because it will come back and haunt ya. When you a evict a tenant, doesn't matter is they go peacefully or hog tied and carried out by sheriffs, if they leave their stuff behind, even junk, you must hold it in storage for 30 days (or was it 60?). Yep more money. They can bite you in the ass if you don't so it. Be careful with all those little things. |
>Being in California, I wouldn't mess with the utilities or harass them without due (legal) notice.
Where are the bills coming to ? Who's paying them ? Can you get them rerouted to you? If nobody pays them, the utilities will shut down pretty quick without you actively doing anything illegal. Or if you have power over your brother's accounts, you can suspend auto-payments for everything... |
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Or it could show his hand. idk. According to OP there are five squatters involved.. Any one could have 'special needs'. That could lead to extensive bureaucracy and attorney fee$. It could turn out the brother signed lease documents with them. It could turn out they are legitimate. Brother's estate. Brother's choich. I'm just just putting out potential complications. I knew someone in California who was subletting a nice house for a reasonable price, from someone renting from an old lady, who died. The estate was being managed by a faceless bank. The friend was in the process of moving overseas and considering subletting it again. The friend was asking $14K to relinquish her guaranteed month-to-month status. Considering local RE values, it would have been a small price to pay for the estate (which was significant) and while the market was hot. Consider what some Realtors(tm) make for an hour's worth of paperwork from a single home sale. Some lazy chair sitter at the bank might have even signed off on it as a cost of business. But this has nothing to do with the OP's situation. |
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