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Old 02-11-2013, 08:20 PM
 
25 posts, read 96,052 times
Reputation: 20

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If someone has any sort of agreement with the former property owner that they may live there as a tenant, kicking them out will take a while and you may end up having to give them a settlement.

If they kicked in the door and moved in, the police have to give them a 30 day notice before kicking them out....seems insane but true. And if you attempt to remove them physically you might be found guilty of assault.
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Old 02-11-2013, 09:39 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,315,772 times
Reputation: 6471
Quote:
Originally Posted by original! View Post
How about this one. I have been living in a house with my son that i previously was renting.Times got tough and i fell behind on payments.I called my landlord and explained my situation and he told me that the they had to let the house go and to stay in it as long as i like until someone (bank) kicked me out.well don,t get me wrong this has been a god send and im not complaining but recently i had herd news of squatters and possabilities. i have lived here for 5 years .Could i actually persue this property?
More likely, the property will pursue you.
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Old 02-12-2013, 03:16 PM
 
1,092 posts, read 3,437,444 times
Reputation: 1132
Original! you must pay rent to the bank that now owns the home. If you don't know who that is you are expected to put it aside until they contact you. If you're expecting a free ride with no repercussions, think again. You will be evicted eventually and then renting another place or getting a mortgage will be difficult for many years. If you are keeping the place in good shape, the bank may offer you a small amount (a few thousand dollars) to move.

If you can qualify for a mortgage or have cash, than you could attempt to negotiate with the bank that currently owns it, but if you think to go that route, you should setup an escrow account with the rent you should be paying if you want to be seriously considered--otherwise you'll just appear to be a deadbeat looking to take advantage of a bad situation.
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Old 02-12-2013, 05:42 PM
 
13,711 posts, read 9,237,274 times
Reputation: 9845
Quote:
Originally Posted by original! View Post
How about this one. I have been living in a house with my son that i previously was renting.Times got tough and i fell behind on payments.I called my landlord and explained my situation and he told me that the they had to let the house go and to stay in it as long as i like until someone (bank) kicked me out.well don,t get me wrong this has been a god send and im not complaining but recently i had herd news of squatters and possabilities. i have lived here for 5 years .Could i actually persue this property?

The CA's so called Squatter's Right says that if you openly and hostilely occupy someone's house for five years (no gap in between), the owner knows about it (or should have known) and does nothing, then you can claim ownership of the house after the required five years.

In your situation, your five year time period starts when you stop paying rent to your LL. You said you lived there for five years, did you pay rent during those five years? If so, then you're not a squatter and this rule doesn't apply until you stopped paying rent and became a squatter.

But most of the time, the bank will kick you out before the five years is up. This plan rarely works nowadays. This is an old law that was meant for early settlers to claim land from Mexican aristocrats after California ceded from Mexico. It was much easier to carry it out way back when.
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Old 02-12-2013, 06:20 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,315,772 times
Reputation: 6471
Quote:
Originally Posted by beb0p View Post
The CA's so called Squatter's Right says that if you openly and hostilely occupy someone's house for five years (no gap in between), the owner knows about it (or should have known) and does nothing, then you can claim ownership of the house after the required five years.
While true enough, the perfecting of title in such a circumstance is quite onerous and time consuming

As an edit for the poster; it's notorious, not hostile. Notorious being defined as noticeable by that good old "reasonable and prudent man" guy.
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Old 02-13-2013, 08:50 AM
 
Location: San Diego
50,327 posts, read 47,069,940 times
Reputation: 34089
I REALLY miss unloaded open carry. We had some worthless slug who was renting from the renters we had to boot when we bought the place. He "thought" he'd drag his feet until we made it uncomfortable for him. The renters said this scumbag hadn't payed rent in months and had a lock on this room. I knew he had to leave sooner or later and when he did(went to get booze) we swapped the locks and I stayed up the night. It only took me about 2 minutes to chuck his crap in the driveway. He was a great big dude but I guess he thought ventilating his noggin would be an unwise choice. What a PITA these dirtbags are.
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Old 02-13-2013, 09:15 AM
 
5,381 posts, read 8,691,467 times
Reputation: 4550
Very Bizarre :

Detroit Woman Living in Own Home with Squatter Because She's Not Allowed to Kick Her Out
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Old 02-13-2013, 09:31 AM
 
Location: San Diego
50,327 posts, read 47,069,940 times
Reputation: 34089
That's just freaking weird.
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Old 05-30-2014, 05:41 PM
 
1 posts, read 1,007 times
Reputation: 10
My son has been locked up for over 6 months his 30 day notice was given to her 7 months ago the last 6 months the people my son has moved in here before his incarceration have been living herethey have utilities in their name he got 6 months of rent and nowthat the money is stopped she's trying to evict my he hasn't been here for 7 months and trying to the other people you aren't even on the but have been here almost a year I think it's unfair that now that the money stopped she wants to kick them out but she had taken rent for six moths on his behalf I think it's unfair
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