Squatters

[500bbc]

A renter I have let his "friend" park a few cars on the back lot. House is for sale and the tenant is not a problem but his squatter friend has been running Tijuana Auto service for a few months and has a shit load of crap to move. No agreement with the squatter what can I do to get his chit out pronto?
Tow truck, sheriff?

 

[Aaron]

I'm not gonna comment on how I would actually handle the situation but if you want to go the legal route give these guys a call.
Liddle and Liddle
310 S Vermont Ave, Glendora, CA
(626) 963-1638
I have used them as eviction attorneys before. It is all they do and they are the best. I am sure then can help you out.
Good luck

 

[C-2]

Depends where your comfort level is, lol.

Many times it's cheaper and quicker to pay them to move. That was the original intent of cash-for-keys that banks use.

 

[Red castle]

This happened to a buddy of mine, not so much the auto shop part , but he called the cops. He had to show the deed he had ( he bought the house a few months earlier at auction ) the cops arrested the squatters and towed their cars and he called a dumpster and threw the stuff they had inside out. If you have already evicted your renter and he's gone it makes it fairly straight forward. If you don't have a contract with the car guy I believe you don't have any reason for holding his stuff he's. when my buddy dealt with this I was lucky enough to be with him and I can tell you the cops were pissed at the squatter tackled him got a little ruff with him it was beyond interesting to see. From the time he called the cops to the guy and his stuff gone was 3 hours total.

 

[500bbc]

Depends where your comfort level is, lol.

Many times it's cheaper and quicker to pay them to move. That was the original intent of cash-for-keys that banks use.

It's not the tenant, he's cool. It's his friend's junk parked in the back he has had no right or agreement or contact at any time.

 

[500bbc]

This happened to a buddy of mine, not so much the auto shop part , but he called the cops. He had to show the deed he had ( he bought the house a few months earlier at auction ) the cops arrested the squatters and towed their cars and he called a dumpster and threw the stuff they had inside out. If you have already evicted your renter and he's gone it makes it fairly straight forward. If you don't have a contract with the car guy I believe you don't have any reason for holding his stuff he's. when my buddy dealt with this I was lucky enough to be with him and I can tell you the cops were pissed at the squatter tackled him got a little ruff with him it was beyond interesting to see. From the time he called the cops to the guy and his stuff gone was 3 hours total.

Thanks!

 

[Red castle]

With our properties I'm always for calling a lawyer but to be honest with your situation I'd call the cops first and see if they are as rowdy as the Huntington Beach cops were. The officer that ran the show told me this kinda stuff is happening more and more it's a big problem now and their is a big push not do condone it. The guy squatting in my buddies house was on a laptop inside while the cops were outside screaming at him looking up squatters rights stuff that apparently doesn't hold up, he changed the locks ( which is how we new something was wrong because he changed them 2 weeks before) and barracaded the doors so he knew what was coming apparently.

 

[OCMerrill]

This happened to a buddy of mine, not so much the auto shop part , but he called the cops. He had to show the deed he had ( he bought the house a few months earlier at auction ) the cops arrested the squatters and towed their cars and he called a dumpster and threw the stuff they had inside out. If you have already evicted your renter and he's gone it makes it fairly straight forward. If you don't have a contract with the car guy I believe you don't have any reason for holding his stuff he's. when my buddy dealt with this I was lucky enough to be with him and I can tell you the cops were pissed at the squatter tackled him got a little ruff with him it was beyond interesting to see. From the time he called the cops to the guy and his stuff gone was 3 hours total.

Yep, Trespassing. No rental or lease agreement, no deed, bye.

 

[C-2]

It's not the tenant, he's cool. It's his friend's junk parked in the back he has had no right or agreement or contact at any time.

If he's so cool, then tell him to make his friend leave.

The guy is not Trespassing; your tenant gave him permission, right?

Self-help is illegal. Self-help includes changing locks which creates a constructive eviction, or just disposing of a persons personal property. vehicles are personal property.

RC is describing a post eviction trespass,, 419PC. You are not in that situation.

I have to leave for a while, but where is the property located? If it's in the SFV, is it SFR or multi-family under rent control? There are a few work-arounds you might be able to try, mainly, posting the vehicles as abandoned, or moving the vehicles to the street.

 

[Red castle]

If he's so cool, then tell him to make his friend leave.

The guy is not Trespassing; your tenant gave him permission, right?

Self-help is illegal. Self-help includes changing locks which creates a constructive eviction, or just disposing of a persons personal property. vehicles are personal property.

RC is describing a post eviction trespass,, 419PC. You are not in that situation.

I have to leave for a while, but where is the property located? If it's in the SFV, is it SFR or multi-family under rent control? There are a few work-arounds you might be able to try, mainly, posting the vehicles as abandoned, or moving the vehicles to the street.[/

The tenants ability to give him permission is based upon how the contract is written.

 

[500bbc]

If he's so cool, then tell him to make his friend leave.

The guy is not Trespassing; your tenant gave him permission, right?

Self-help is illegal. Self-help includes changing locks which creates a constructive eviction, or just disposing of a persons personal property. vehicles are personal property.

RC is describing a post eviction trespass,, 419PC. You are not in that situation.

I have to leave for a while, but where is the property located? If it's in the SFV, is it SFR or multi-family under rent control? There are a few work-arounds you might be able to try, mainly, posting the vehicles as abandoned, or moving the vehicles to the street.[/

The tenants ability to give him permission is based upon how the contract is written.

He's agreed to get his crap off the property he's not residing there, tenant has no right to sublet. Tenant is gone.
Just want to know how far I can go without attorneys if he's not vacating in a timely matter.

 

[Red castle]

He's agreed to get his crap off the property he's not residing there, tenant has no right to sublet. Tenant is gone.
Just want to know how far I can go without attorneys if he's not vacating in a timely matter.

I believe if the value is over $300 you are supposed to hold it for 15 to 20 days and at that point auction it off give proceeds to county after reimbursing yourself for cost associated. Now that's if it was your tenant

 

[Red castle]

Do you have contact with the guy who left his stuff ?

 

[elcajones]

I believe if the value is over $300 you are supposed to hold it for 15 to 20 days and at that point auction it off give proceeds to county after reimbursing yourself for cost associated. Now that's if it was your tenant

That is if it is your tenants property. Vehicles can be served a notice through the dmv then towed, or taken title to, as abandoned.

 

[Yldboyz]

Yep, Trespassing. No rental or lease agreement, no deed, bye.

Not that easy anymore, you have to go through the courts and get the eviction.... I'm not sure if its a 3 day quit or 30.

 

[C-2]

Lol, WTF do I know? I only rattled the PC code off the top of my head (a penal code even though we are discussing a civil matter), have testified in excess of 350-400 at eviction trials, and personally evicted (as in, locked out with the Sheriff there) several thousands of post-foreclosure occupants. I've also dealt with "squatters" at a level rising to placing armed security at residences for 24/7 protection - and even dealt with sophisticated squatter rings where the FBI, US Marshals Office, and Postal Inspectors were involved.

But hey, if you want to sort it out on your own, then have fun. :eek

 

[OCMerrill]

Not that easy anymore, you have to go through the courts and get the eviction.... I'm not sure if its a 3 day quit or 30.

If I read it right the the tenant is gone?

I would call the PD.

 

[Paul65k]

I believe if the value is over $300 you are supposed to hold it for 15 to 20 days and at that point auction it off give proceeds to county after reimbursing yourself for cost associated. Now that's if it was your tenant

Call McRib, I'm guessing they'll hold 'em all for 15 - 20 days................at $125 a day per

 

[shintoooo]

MilkMoney knows a thing or two about squatters

 

[DaveC]

LOL.....

You guys better listen to this guy. He is pre-med.

Lol, WTF do I know? I only rattled the PC code off the top of my head (a penal code even though we are discussing a civil matter), have testified in excess of 350-400 at eviction trials, and personally evicted (as in, locked out with the Sheriff there) several thousands of post-foreclosure occupants. I've also dealt with "squatters" at a level rising to placing armed security at residences for 24/7 protection - and even dealt with sophisticated squatter rings where the FBI, US Marshals Office, and Postal Inspectors were involved.

But hey, if you want to sort it out on your own, then have fun. :eek

Guys, do keep in mind that the law may give the occupant tenant rights absent a contract. Its up to you to prove there is unlawful detainer. There is a process that needs to be followed to get them thrown out especially if the person who occupys the property (even illegally) starts crying about illegal eviction.

What C-2 is trying to say is just because there is no contract does not mean the person does not have any rights and to follow the process otherwise you will have BIG trouble.

For example, my rental contract says no sub leasing and it also states that any "guest" that remains for more than 30 days MUST sign a lease contract. This language is there for a reason because someone who stays more than a certain amount of time can then claim they are a tenant and now you have a tenant that you did not agree to and you do NOT have a contract with them. (in other words you have a problem)

There are professional squatters out there that know the law is on their side. My buddy just learned the hard way. He had to shell out the $1,500 to get rid of a professional squatter after several "failed attempts"

Remember Illegal squatters may become tentants and have more rights than you think.... tread carefully.

Try to get the guy to voluntarily move his junk. Even agree to help move it with him if you think that is prudent. (just to get it the hell out of there)

 

[Bails]

I'd would go in and clean up the property after my renter left. Clear all of his junk of my property. You're not a party to any agreement other than that. If the renter is still there, I'd start with code enforcement. They will come out and notice any violations. That way you are still out of the mix

Sent from my SGH-T999 using Tapatalk 4

 

[shintoooo]

Call Immigration

 

[C-2]

LOL.....

You guys better listen to this guy. He is pre-med.




Guys, do keep in mind that the law may give the occupant tenant rights absent a contract. Its up to you to prove there is unlawful detainer. There is a process that needs to be followed to get them thrown out especially if the person who occupys the property (even illegally) starts crying about illegal eviction.

What C-2 is trying to say is just because there is no contract does not mean the person does not have any rights and to follow the process otherwise you will have BIG trouble.

For example, my rental contract says no sub leasing and it also states that any "guest" that remains for more than 30 days MUST sign a lease contract. This language is there for a reason because someone who stays more than a certain amount of time can then claim they are a tenant and now you have a tenant that you did not agree to and you do NOT have a contract with them. (in other words you have a problem)

There are professional squatters out there that know the law is on their side. My buddy just learned the hard way. He had to shell out the $1,500 to get rid of a professional squatter after several "failed attempts"

Remember Illegal squatters may become tentants and have more rights than you think.... tread carefully.

Try to get the guy to voluntarily move his junk. Even agree to help move it with him if you think that is prudent. (just to get it the hell out of there)

Exactly. Thanks for the endorsement, lol.

My response was terse, sorry.

To add to Mr. C's comments, that's why I said you should consider paying them to move out. $500 could light a fire under their ass; and you skip the legal BS.

If you take an aggressive approach and it fails, and pisses them off, then they could assert their tenant rights and depending upon where the property is (why I asked), it could get ugly.

If they are at the premises daily, then posting the vehicles under a Notice of Abandonment theory is "iffy". If you move the vehicles to the street, they could get towed, and again, you have to worry about them crying foul and calling that Mexican attorney who's name is on the back of every bus, lol.

It's a precarious position to be in, sadly, with them in the drivers seat since your objective is to get them to leave ASAP.

Tell them you are closing escrow and offer some $$$, or just wait them out and bug the crap out of them in a friendly way.

 

[DaveC]

It would appear that some of you guys have not been on the losing end of a tenant rights lawsuit (or involved)...... LOL

Oh well, give it time.