Curse Those Squatter's
ok here is the situation.
Im 3days into a 45 day escrow.
the squatter was served (hand delivered and cert. mail) 7-23-04 with a 60day.
the current owner obtained these forms from a friend @ an appartment complex, and was told "these will work".
however, the documents where not complete (missing a initial disclosure that the complex has all future tenents sign) therefor the eviction notice is illegal and void, that is my understanding. however i dont beleive the squatter is pervy to this info, unless ofcourse she seeks legal. i close in 42 days and squatter is 27 days into the 60 day eviction. This is my first investment and im not as knowledgable about this end of the whole deal.
if squatter is aware that the notice is illegal she will probably wait till the 60 days is up and declare that the notice is illegal. now im back where i started AND out two months rents. any ideas would be great for this first timer.
[addsig]
Technically a squatter does not need to be evicted. A squatter is someone who takes possession of a property without authorization of the owner. They can be arrested for trespessing.
So I am confused. How did this person come to be in possession of the property?
Assuming that they are not really a squatter (i.e. that at the time they came into possession they had permission of the then owner) then you must evict them. But in order for that to happen there must be a basis. Did they fail to pay rent, were they in violation of some other provision of the lease?
I'd make this the sellers problem, "I'm not closing till the unit is vacant".
ok.......this is sticky.
the current tenent was providing medical care for her grandfather.
grandfather died.
house is in a living trust and i am buying the house from the trustee.
so i guess in this case she is not considered a squatter, my mistake.
I dont beleive she had a lease or a contract of anykind.
she was living in grandpa's house taking care of him, even being paid by the state to take care of him, so i dont beleive she had any form of contract, and she did not pay any rents. she has three kids living there with her, whith no power, gas, or water. and CPS is actually trying to help her get these things turned back on, do you beleive that BS, instead of helping her find a place of her own. please help, what should i do.... Thanx
[addsig]
Sorry, my sympathies are with the granddaughter who spends her days taking care of her invalid grandfather. When he dies the family, rather than showing decent respect for her effort, sells the house to some stranger who just wants to evict her as quickly as possible.
Why not have the state help her pay YOU? I don't see why you would want to put her and 3 children on the street. How about working out something with her so she can stay on and you get section 8, if she qualifies.
commercialking
i did not mention that the grandfather died with bed sores and pneumonia, sense its not relivent to my problem at hand, so i fail to see how she was taking care of her invaled grandfather, just milkin the state. with all due respect you dont know the details of his death. i post here to find creative solutions to problems, not to be ridiculed or judged.
Commercialking........please tell me what You would do in this circumstance.
Thanx to all who give creative solutions
[addsig]
Thank you for your comments...........have a wonderful day
[addsig]
I think an even better solution is to call the health department. In most parts of the country you can't live in a place without water or utilities. If that doesn't work, call social services.
Use the government, they are free!
Best of luck,
Andrew
Sorry CK, I don't agree with you on this one. I lived with my grandfather and tried to take care of him. I remarried and an opportunistic relative stepped in. HIs daughter , my aunt did nothing but mooch and destroy the place. She wouldn't help clean, or do anything. when he died, her son stole everything valuable while he was in the hospital. A house that in repair and clean would have sold for 350 went for 250. My grandpa stated in his will that she was to have none of it as she had mooched 100K of him in the last few years (my mother felt sorry and gave her a third anyway).
Every family has a dirtbag or three in it and you don't have to look very far. I do agree in that having the house vacant at closing should have been a contractual issue.
Now, Viper, I never let my pride stand in the way of making a little money. Offer her $500 or a grand cash to leave, when she is on the outside and your there with new locksets in hand pay her the$$ as she walks out the door. Potentially it could cost a lot more if she stays and legal aid decides that you filed the wrong paperwork etc. I also can't imagine the amount of damage they are doing with no water etc. Pay to get them on their way...!
[addsig]
Stockpro99
Thank you for the post.
I couldnt have said it better. what youve stated is almost exactly what is going on. From the stealing to destroying, you hit the nail on the head.
[addsig]
StockPro, I agree with you completely. Viper, Get the squatter out ASAP. Call building services and the county health department report the house is being inhabited with no utilities. If you have to offer moving money to get her out as StockPro suggested.