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Old 03-20-2024, 12:52 PM
 
3,942 posts, read 2,338,527 times
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Quote:
Originally Posted by james112 View Post
Maybe that's the law but possession of someone else's property without permission is what I call theft. If someone takes possession of your car it's not theft? It's crazy to see police chase a stolen car but just stand there when someone steals a house.

Owning property should mean the right to possession of your property, if it doesn't harm anyone to do so. Proving you are the owner should be enough. If a squatter claims to be a tenant they have to prove that as well- show s signed lease. If both have what seems to be legit documents then off to court.
Yeah, it's convoluted, no doubt about it. The car analogy is spot on. However, that's what I have to abide by if I did have a squatter. So far, so good. Yeah, you would think just showing your deed would be enough but you have to hire a lawyer, set a court date and your lawyer has to present your documentation of ownership. I am sure some clever squatter would come up with some fake documentation claiming ownership before closing of your transaction. That would suck! Title search would alleviate that dilemma but time and money is spent at that point. Fair is only a call in baseball.
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Old 03-20-2024, 06:45 PM
 
2,627 posts, read 1,170,699 times
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Quote:
Originally Posted by catsmom21 View Post
Against the law to turn off the utilities with someone in the house. If the meter had already been removed when the house was left empty and the squatters moved in, they would have been okay, as far as the water bill anyway.
But the water would be cold without the heating working. I forgot landlords are not allowed to turn off utilities. Especially when they are paid by the landlord to begin with when it comes to tenants. But squatters should not get the same as tenants
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Old 03-20-2024, 06:47 PM
 
2,627 posts, read 1,170,699 times
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Quote:
Originally Posted by quiet life View Post
Yeah, it's convoluted, no doubt about it. The car analogy is spot on. However, that's what I have to abide by if I did have a squatter. So far, so good. Yeah, you would think just showing your deed would be enough but you have to hire a lawyer, set a court date and your lawyer has to present your documentation of ownership. I am sure some clever squatter would come up with some fake documentation claiming ownership before closing of your transaction. That would suck! Title search would alleviate that dilemma but time and money is spent at that point. Fair is only a call in baseball.
That is why I have a lawyer for any and all of my home buying. Never buy property without a good real estate lawyer.
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Old 03-20-2024, 06:55 PM
 
2,627 posts, read 1,170,699 times
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Quote:
Originally Posted by 2mares View Post
a squatter is not a tenant.
I can understand the owner being responsible for any outstanding fees when they have the power shut off. I mean not being legally able to shut off the utilities in your name at your property.
Catsmom and 2mares are right.

If you rent to me and you include the utilities in the rent that means I am still paying for the utilities through you but it comes from my pocket.

Now if I stop paying the rent I owe you and you take me to court but you still cannot turn off the utilities on me even when not paying rent which makes no sense. That is the law to protect the tenant in case the landlord wants the tenant out and the tenant offers to pay the rent but landlord refuses it.

Now with squatters the law assumes they are tenants so what applies to tenants to the law applies to the squatters. So I could pretty much say scr-- you and not pay and still have heat and hot water and electric all free until you boot me out.

Isn't there such a thing as landlords association? where they could go and get petitions signed to change the laws? Geez never buy property with a lawyer for property searches and keep a large dog inside until you get inside.

Last edited by staystill; 03-20-2024 at 06:57 PM.. Reason: Is it possible most squatters get in because the closing takes so long to come?
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Old 03-21-2024, 07:14 AM
 
36,499 posts, read 30,827,524 times
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Quote:
Originally Posted by staystill View Post
Catsmom and 2mares are right.

If you rent to me and you include the utilities in the rent that means I am still paying for the utilities through you but it comes from my pocket.

Now if I stop paying the rent I owe you and you take me to court but you still cannot turn off the utilities on me even when not paying rent which makes no sense. That is the law to protect the tenant in case the landlord wants the tenant out and the tenant offers to pay the rent but landlord refuses it.

Now with squatters the law assumes they are tenants so what applies to tenants to the law applies to the squatters. So I could pretty much say scr-- you and not pay and still have heat and hot water and electric all free until you boot me out.

Isn't there such a thing as landlords association? where they could go and get petitions signed to change the laws? Geez never buy property with a lawyer for property searches and keep a large dog inside until you get inside.
I agree certainly there needs to be a legal distinction between a legal tenant and an illegal squatter.
I still believe if the utility bill is in your name only you should have the right to cancel service at will regardless. The tenant can have the utilities put in their own name with permission.

Listen to this convoluted crap I dealt with. When I was married the utilities were in my name, the house was in both names. We separated and filed for divorce. We had bought another property by this time which I lived at and had utilities put in my name. My ex went to the electric company and had them shut off service in my name on the house he was living in, with a 200+ overdue bill. Then he had the service turned on in his name. No problem, right? But he did not pay the outstanding bill (all his after I had moved out) and they came to the house I was living at, a different meter, no outstanding bill, and were about to turn my utilities off. I had to call, talked to 3 different people going up the line, still had to pay his outstanding bill to keep them from turning off my electricity. Utilities were not tied to either the address or the whoes name the bill was in. They admitted it was messed up and promised to correct this type of thing in the future, but I still had to pay it.
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Old 03-21-2024, 11:07 AM
 
50,721 posts, read 36,411,320 times
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Quote:
Originally Posted by staystill View Post
Why do they keep the utilities on? I would turn off every utility except the heat in the winter so pipes don't freeze.

It looks to me like this isn't happening often enough to push people to scream and wright letters to the President of some of the Senators to have laws changed to get squatters out and put in a jail cell immediately.

There is no state where it's legal to turn off the utilities to get squatters out.


Presidents and senators can't do anything, squatters rights laws are drawn or changed at the state level.
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Old 03-21-2024, 11:09 AM
 
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Quote:
Originally Posted by 2mares View Post
a squatter is not a tenant.
I can understand the owner being responsible for any outstanding fees when they have the power shut off. I mean not being legally able to shut off the utilities in your name at your property.

Unfortunately in just about if not every state, squatters are treated as tenants under the current laws.
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Old 03-21-2024, 11:15 AM
 
50,721 posts, read 36,411,320 times
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Quote:
Originally Posted by Spuggy View Post
The YouTube guy said it’s better to find a way to get into the house, change locks , install cameras ,alarm system ( they can’t shut down) and when the squatter calls the police and claims rights they are told it’s a civil matter and go to court. More often than not the squatter won’t bother and will move on. If they try to get back into the house the police can be called for breaking and entering.

I’d definately install an alarm system that I have control over and have that thing blasting.

There's actually a business around squatter removal now. This guy "Flash" Shelton started it, after he had to deal with a squatter when they tried to sell his mother's house. He ended up having his mother make a lease naming him as tenant, and moving in with the squatter, putting cameras up everywhere and being obnoxious, and the squatter left within hours. In one case the squatter was a felon who wasn't allowed to live in a house with guns. So he moved in, gun in holster, and told the guy he's now violating his parole. He left.



They have a national team now, and they move in with the squatter, take over the couch, hog the TV, blare music, eat the squatters food, etc. Supposedly a reality show is in the works.


https://www.the-sun.com/news/1082422...laws-business/
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Old 03-21-2024, 11:19 AM
 
50,721 posts, read 36,411,320 times
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Quote:
Originally Posted by charmed hour View Post
Cops are sadly correct. In NYC, squatters or any actual tenant/landlord issues are civil and not criminal in nature. Even when someone has planted themselves in your property.

Not just NY, every state. Florida is trying to change their laws now, but yesterday on a similar thread I posted laws from Montana, Texas, Louisiana and Idaho. All are the same, you must go through formal eviction process with squatters.
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Old 03-22-2024, 06:59 AM
 
36,499 posts, read 30,827,524 times
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Quote:
Originally Posted by ocnjgirl View Post
Unfortunately in just about if not every state, squatters are treated as tenants under the current laws.
Maybe so, but I can go to my electric company right now and have them cut off service to my home. Could squatters take me to court for that, maybe. Would they, I seriously doubt it.
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