landlords, how long to get rid of squatters

look 171 · 07-03-2013, 01:24 AM

About to buy a house that has a dead beat in there. He's a relative of a seller without a job, but stays there in the back house. He's got nothing to lose. the owner can't get rid of him. Once escrow closes, I must start eviction. How long does it take to get him out. What's the worst case in terms of time. Any tips on how much it will cost to get him out?

BlueSkyJaunte · 07-03-2013, 01:41 AM

Um, call the cops and have him arrested for trespassing.

If you lived in a Castle Doctrine state you could just bust a cap in his ass.

KFC911 · 07-03-2013, 01:45 AM

Not a typical LL situation (and I'm not sure it applies here either)...you're a new owner of the property. Around here, I suspect it'd take about 15 minutes...in CA who the heck knows??? I'd sure want to know beforehand and make it the PO's issue before I closed if it's not straightforward though...

College buddy has a 200 acre farm (wife recently inherited) with a similar issue to face (maybe)....

Porsche-O-Phile · Porsche-O-Phile's Garage

Why get into a situation like that? I'd make the property being vacant a condition of sale, no question. You don't want the potential headaches. Don't make it your problem.

look 171 · 07-03-2013, 03:03 AM

POP, the price is more then right. He was a pro basketball player in Europe in the early 90s, but moved back home to his parents home after they past but could not manage money and let the house go to far that was left in uninhabitable condition.

fintstone · fintstone's Garage

Why don't you meet with him and offer him a lease at a very favorable rate to prevent his eviction. He will probably sign it to stall you, then in a month or so when he doesn't pay the rent, it is a much cleaner process. Maybe you are lucky and he does pay the rent.

Steve Carlton · 07-03-2013, 04:10 AM

I presume the house is in CA. I think you should hire a good attorney, or at least consult with one. I suggest you do this properly.

Porsche-O-Phile · Porsche-O-Phile's Garage

I'd at least talk to an attorney before closing. Some things just aren't worth the trouble, no matter how good they might sound at first.

fastfredracing · 07-03-2013, 04:54 AM

Does the squatter really have any recourse if the place has been sold? I had a squatter that came with my building when I bought it. I simply just started to move his stuff to the outside, and told him that whatever was still there by the weekend would either be in the dumpster, or on in the burn pile.

fintstone · fintstone's Garage

Possession goes a long way. He can claim any number of reasons to stall his eviction. All he needs to do is claim a verbal rental agreement from the previous owner, etc. Dispose of his stuff and you are looking for a lawsuit in many places.

dewolf · 07-03-2013, 05:18 AM

Send some bikers around

BK911 · BK911's Garage

Pay him to leave.
Cheaper and easier than eviction, which could take months. BTDT.

"You can leave in a month with no money in your pocket, of you can leave now with $500 in your pocket."

fintstone · fintstone's Garage

Yep

dad911 · 07-03-2013, 05:46 AM

He's not a squatter, for all you know he may have a verbal, lifetime lease for free.

As P-O-P said, I'd seek legal advice, and at least get something about the terms of his living there from the current owners, in writing, so you have something to fall back on. It's going to be your word against his, and last time i went to court for eviction in NJ, the tenant is always right, and gets a free public defender.

Since there is no 'security deposit' for the tenant, I'd also want to escrow $$$ from closing for eviction costs, lost rental income, and damage he may cause leaving.

You are inheriting their headache, make sure it's worth it in the worst case.

VINMAN · 07-03-2013, 05:49 AM

Sounds like a good time to do some fumigation...

Rot 911 · 07-03-2013, 06:37 AM

Quote:

Originally Posted by fintstone

Possession goes a long way. He can claim any number of reasons to stall his eviction. All he needs to do is claim a verbal rental agreement from the previous owner, etc. Dispose of his stuff and you are looking for a lawsuit in many places.

This is correct. Under no circumstances should you close on that property with the squatter living there. Even in more conservative states than CA that squatter would probably be considered a month to month lease tenant and you will have to follow the same eviction procedures as you would with any other tenant.

Make the seller get him out and change the locks. Then close only when you see the building is empty. Then if the squatter comes back you can have him arrested for trespassing.

Laneco · 07-03-2013, 07:01 AM

Here are three things that you should do (taken from someone who did sleep in a hotel 6 once time):

1. Google the term "adverse occupancy"... When you are weirded out enough to realize that you will sign the mortgage then find you have a surprisingly limited number of options for getting them out, then proceed to step 2.
2. Refuse to close until the property is vacant or the squatter has signed a month to month lease (you can get people to leave pretty easily with a month to month lease).
3. Hire an attorney if needed to extricate yourself from the purchase agreement if you did not already put vacancy down as a condition of sale.

If you are lucky, you can get the person to leave, even PAY them to leave (it is cheap in the long run). But you must have them leave before you take possession. Otherwise, you are stuck with them and could be stuck for a very long time.

You cannot harm them, harass them, and they have nothing to lose by you suing them. Proceed with caution.

angela

sammyg2 · 07-03-2013, 08:20 AM

flyenby · 07-03-2013, 08:39 AM

Use a good attorney..not an eviction mill like you see in Apt Owners Magazine. I have had to do three in 30 years. I have seen what happens if it is not done right. A good Attorney will suggest you pay him to leave...sometimes cheaper.
I am not sure of the time schedule as the courts have cut back on thier hours of operation.
Good Luck I have no use for deadbeats

dipso · 07-03-2013, 09:04 AM

I think a tenant can stay for 90 days, then police will evict them. But he is not your tenant.
I would think any agreement he has with the previous owner, is not your agreement. But first make sure he doesn't have some kind of 100 year lease for 1.00, regardless of owner.

I had to evict some people one time and I remember they stayed for 90. I don't think it should be too hard to make him move.
Do a little research, I like the trespassing angle.