Help, Squatter not on lease refuses to leave, threatens us. (evict, rental)
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If she has moved everything except for a "binder" then I guess you can assume that she really has gone. Wait if you must but remember that, since she has a key, you MUST change the locks. With the permission of your landlord of course and giving him a key. You can probably have the existing lock "re-keyed" by a locksmith for less than the cost of having a new lock installed.
I suggest you talk to an attorney. Your bank can probably recommend one or at least steer you in the right direction. I've talked to my bank's attorney over the phone a couple of times and he has given free advice over the phone. I just made sure I told him my bank had referred me to him and that was enough to get me some free advice. Good luck.
I am really sorry for your dillema and the fact that you had to go thru this nightmare.
As a few others have mentioned, document and videotape the empty room. Additionally, has she tried to take, damage or sabatoge your property?
Sadly, helping others seems to backfire these days. This person was never even an associate, but a leech and parasite who took advantage of you and your wife's kindness.
While this may be "over", if I were you, I would seriously set aside some time and get some legal consultation. She may be gone, but you may have to consider the aftermath..what if she is going around spreading rumours and making up accusations? An evil person like this is capable of almost anything. Good luck to you.
when does squatting become breaking and entering....What a ridiculous law allowing people to be put through this nightmare.
The first thing anyone entering into real estate needs to know is the difference between a squatter, a tenant, and a guest. Squatters and guest have very little rights since Squatting is a form of adverse possession and a guest is by a revocable specific invitation. Many times when you hear people talking about squatters this and squatters that, they are not talking about squatters but tenants or guest. It's usually stupidity or just ignorance that makes people call tenants squatters, or they dio it cause it gets the sypmathy posts.
The laws about getting rid of squatters is ptretty simple, but I bet 9 out of 10 people who try it screws it up (agin because they are just stupid or ignorant about the law) and they create a bigger mess that becomes harder and harder to starighten out until they finally need a lawyer. I would sday that if a person used a lawyer or consulted with a lwayer on any squatter or guest issue, the odds are they would have that person out withn a day or two. If they try it on their own based on some crazy idea of what they think it is, it could take months depending on how bad they screw itup.
Legally getting rid of a tenant is a rather simple process because its all spelled out in the laws. Just follow the law and most times its as simple as 1,2 3. It gets complicated as in this case because they don;t know the law and are using personal emotional beliefs to determine their initial actions and that screwed it all up.
Glad to hear she is probably out. Hopefully she stays gone. Getting a squatter out can be a long process, and it sounds like you were in danger of getting kicked out yourselves.
Personally, I would have been doing everything I could to make her time there miserable, so that she WANTED to move.
If she is sleeping there, set as many alarm clocks as you own in hidden places around the room, set to go off in 30 minute increments.
If she is cooking there, unplug the microwave/range when not in use, and if on a dedicated circuit, trip the breaker so it still won't work if she plugs them back in.
If she is showering there, make sure there is no hot water (turn off the water heater if you can) whenever she is home.
Do you know someone who has a mean dog? (Get your landlord's permission first) Invite that person and their dog to stay with you for 2 or 3 days.
As an occupant of the house, you can get away with these things (with your LLs permission) whereas a landlord cannot. Of course, you run the risk of her being ticked off enough to damage something on her way out, but I would take the risk, myself. Other than the alarm clock one, you could play innocent on the others.
As an occupant of the house, you can get away with these things (with your LLs permission) whereas a landlord cannot.
NO, No, No.. The OP was accepting payment under an agreement for the person to reside in the place. That means the OP is also a Landlord and subject to the exact same rules as any landlord. The OP may not wanted to be a landlord, the OP may not have planned to be a landlord and the OP may not even see themself as a landlord, but rest assure the OP IS a landlord.
NO, No, No.. The OP was accepting payment under an agreement for the person to reside in the place. That means the OP is also a Landlord and subject to the exact same rules as any landlord. The OP may not wanted to be a landlord, the OP may not have planned to be a landlord and the OP may not even see themself as a landlord, but rest assure the OP IS a landlord.
But some of the rules (not all, I know) are different if you live in the house with the tenant, than if you are just a landlord living somewhere else. At least they are here. I didn't say they could get away with whatever they wanted, but they can get away with more than the general landlord could.
A landlord can't turn off the utilities on a tenant, or invite someone else to stay in the occupant's house with them. But if the tenant has utilities in their name, they can control what hours they are available by turning them off the rest of the time. They have the right to have guests with their LLs permission. They have the right to have a collection of alarm clocks if they want. Without a written lease, none of these things violate any laws I can possibly think of. I would just say that the bills are so high with an extra person living there and not paying, that you had no choice but to turn everything off when not in use. Many frugal people do that all the time anyway.
I am aware that if you do a sublease (which is what this is), you become that subleasee's landlord. So I do understand what you are saying, and I'm actually surprised that the PM advised them to change the locks, for exactly that reason. Changing the locks on someone who has the right to be there is usually a big no-no, even for one occupant to do to another occupant.
So I guess i misspoke. I should have said "whereas a non-occupying landlord cannot."
not to worry about it, I think we are all reading the same book just imagining a diferent look of the characters... My response was mostly for the OP and the arm chair landlords, and yes that "change the lock" thing, lord that person needs their bottom slapped red.
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My response was mostly for the OP and the arm chair landlords, and yes that "change the lock" thing, lord that person needs their bottom slapped red.
