I spoke with two real estate attorneys this morning. Both gave the same answer.
First, bang on your chest and see if the squatters will leave on their own. if not…
it is MUCH safer to give the unnamed tenant a 3-day notice, and then file the eviction against “all occupants” of the unit in question. Apparently it is not necessary to name them, so long as the property is described correctly.
Going through the eviction process (which is pretty quick in Texas), protects the landlord from charges of wrongful eviction, battery, intentional infliction of emotional distress, etc.
The real hazard here is this: If I try to physucally remove a person I believe to be a squatter, and I am wrong, I am exposed to liability. But if I do it by the book, I am protected.
This is a situation I have not seen before. If anyone has ACTUALLY dealt with this before, please share your thoughts. Please do not GUESS the answer.
I foreclosed on an apartment property, and took back title. In the complex, I have at leat one squatter tenant. They do not have permission to be there. or so says the person from whom I took title.
The Dilemma: Do I evict or do I file charges for breaking and entering? and if eviction is the correct path, do I evict the “unnamed individual or individuals” occupying the unit?
Correect versionRe: Removing Tenant?? - Posted by John Merchant
Posted by John Merchant on January 04, 2006 at 20:34:38:
While Jimmy is right that safe’s better than sorry, I did find an easy, free & quick way by accident some time back…knowing that lights & water were turned off, I notified health dept & within an hour the H Inspector and a cop and I were at the front dooor, where we watched the cop order the tenant OUT, and watched her leave, handing keys to the cop.
Generally illegal under statutes and ordinances to live in a residence without running water and electricity.
Anything fooling with lock-out is really chancy and is really scrutinized by courts to see if the poor T has been illegally harassed.
Here in WA State, normally any action by LL involving extra locks, lock-out, etc is extremely hazardous for LL
Re: Removing Squatter Tenant?? - Posted by John Merchant
Posted by John Merchant on January 04, 2006 at 20:32:20:
While Jimmy is right that safe’s better than sorry, I did find an easy, free & quick way by accident some time back…knowing that lights & water were turned off, I notified health dept & within an hour the H Inspector and a cop and I were at the front dooor, where we watched the cop order the tenant OUT, and watched her leave, handing keys to the cop.
Generally illegal under statutes and ordinances to live in a and is really scrutinized by courts to see if the poor T has been illegally harassed.
Here in WA State, normally any action by LL involving extra locks, lock-out, etc is extremely hazardous for LL
Re: Removing Squatter Tenant?? - Posted by Brian (UT)
Posted by Brian (UT) on January 04, 2006 at 13:00:24:
Jimmy
Only had this happen once in 40 years, I checked with the previous owner and had him put in writting that occupant had no rights or permission to be in unit by him. Found the previous tenant and got the same statement, then went to squatter and told him I would be back with police at noon the next day to charge him with trespassing and any other charges that might apply.
He was gone the next day but may have tried to get in that night because a lock cup I put on the front door had fresh scratches on it the next day. Never the less I never saw him again. Oh, while I was warning him I took his photo along with photos of the unit with that mornings newspaper in them in case he caused damage and let him know why I was takeing the photos.