Police won't Evict Squatter from Rental Home

[David]

A man who owns a rental home in California just called the Dave Ramsey show. He said he went to his property after his tenants moved out and discovered a squatter living in the garage.

No problem right? Call the police and have the trespasser removed.

Police show up and refuse to remove the squatter. They say that even though the guy is not on the lease and does not have the owner's permission to be there, the squatter has possession.

The owner figures he'll just lock the guy out after he steps out of the property. He changes the garage codes. The police are called back and force the owner to change the codes back. He's told he has to go through normal eviction proceedings in the courts.

The owner says he even negotiated with the squatter to pay him $300 cash if he leaves. The squatter initially agrees, then backs out.

I know you can't believe everything someone says because you are only getting one side and they might omit or embellish the facts, but if even part of this story is true, it is pretty bazaar.

 

[vraiblonde]

I'm suspicious of this story but nothing surprises me about California.

 

[Vince]

Grab him and throw him out.....but then it's California and they'd probably arrest you and not the squatter. And why is he labeled a squatter? He should be arrested for breaking and entering or unlawful entry.

 

[SoMDGirl42]

I'd have to move into my own garage for awhile. When he re-entered, I'd have to shoot him for home invasion because I'd fear for my life. Then I'd sue his estate for the damages he caused by bleeding all over my garage. Then I'd burn the house down and collect the insurance money and move back home. In the perfect world that is.

 

[David]

Ramsey is a big owner of rental properties. He said in most states, the squatter would easily be removed as a trespasser. However, he added that California and NYC have the most bizarre real estate rentals laws in the union.

 

[David]

Well, according to this, it looks like the story has a good probability of being true:

Squatters: The latest real-estate menace - MSN Real Estate

"Possession is nine-tenths of the law," says Michigan real-estate broker Ralph Roberts, author of "Protect Yourself from Real Estate and Mortgage Fraud." "You can call the police, but the police aren't necessarily going to move them out."

 

[DEEKAYPEE8569]

A man who owns a rental home in California just called the Dave Ramsey show. He said he went to his property after his tenants moved out and discovered a squatter living in the garage.

These terms: "owns" and "his property" mean 'you don't belong here; get the f**k out!'

Police show up and refuse to remove the squatter. They say that even though the guy is not on the lease and does not have the owner's permission to be there, the squatter has possession.

Possession of something that he does not own. That's called "Theft" or "Stealing." That is a matter better argued in court by lawyers not cops.

The owner figures he'll just lock the guy out after he steps out of the property. He changes the garage codes. The police are called back and force the owner to change the codes back. He's told he has to go through normal eviction proceedings in the courts.

That doesn't make sense if this "squatter's" name was nowhere on a legally binding rental aggreement. Not only is this guy "squatting"; he's also trespassing. I would have told the cops to pound sand, eat ***t and bark at the moon.

The owner says he even negotiated with the squatter to pay him $300 cash if he leaves. The squatter initially agrees, then backs out.

At THAT point I as the rental homeowner, would have either begun throwing his stuff in the street OR thowing this guy into the street.
After all, he this "squatter" doesn't have a legal rental aggreement and, like I said, he's trespassing! Wind up being charged with assault? Wanna bet? I'd be going to court with my hands around this guy's throat anyway, so :shrug:

 

[czygvtwkr]

Keep your pet alligator in there.

 

[red_explorer]

A man who owns a rental home in California just called the Dave Ramsey show. He said he went to his property after his tenants moved out and discovered a squatter living in the garage.

No problem right? Call the police and have the trespasser removed.

Police show up and refuse to remove the squatter. They say that even though the guy is not on the lease and does not have the owner's permission to be there, the squatter has possession.

The owner figures he'll just lock the guy out after he steps out of the property. He changes the garage codes. The police are called back and force the owner to change the codes back. He's told he has to go through normal eviction proceedings in the courts.

The owner says he even negotiated with the squatter to pay him $300 cash if he leaves. The squatter initially agrees, then backs out.

I know you can't believe everything someone says because you are only getting one side and they might omit or embellish the facts, but if even part of this story is true, it is pretty bazaar.

There was a big thing on MSNBC about it a few months ago. Its based on the idea of Adverse Possession....

HowStuffWorks "How Squatting Works"

Has America Become a Nation of Squatters? | Moneyland | TIME.com

Adverse possession - Wikipedia, the free encyclopedia