What to do with squatters? (lease, insurance, eviction)

[EddieLo]

I have a home in Kapa'a, Kauai. It's rather large at almost 2000 sq ft living space. My granddaughter, along with her boyfriend and FOUR kids moved in while I was not there without my permission. My son was living in the house, doing some work on it. I guess he felt sorry for them and let them move in. When I arrived after a few months I let them stay until they could find a place of their own. It's the same old story, "we're looking." In the meantime I found tenants who were willing to pay a little less if they would let them stay in the very large family room while they looked for housing. And that's where they live, in one large room where they moved a large refrigerator I had in the garage and using an electric hot plate for cooking. At one time the agreement was they would pay me little every month. That never happened. Oh sometimes she would send me some money, but right now she is about $5000 in arrears. A sum that they will never ever be able to come up with.
Well, it's now been over a year and a half and I can't get them out. I called KPD and they say it's a civil matter. In Hawaii landlords are the evil people, squatters are poor locals who have been exploited by the bad people with money. And thus the authorities, in this case the police, are not interested in intervening. I contacted someone who said he could help. Yeah, if I paid him $10.000.00! So now I want to sell the house but no realtor will list it as long as there are squatters living in the house.
If I go through the courts it will take a lot of time and a lot of money. The squatters have already indicated to me that they will *never* move out, that they "know their rights" HUH? What rights? Evidently there must be some kind of "rights" that you can't just put people out and make them live on the streets or the beach.
A complex issue for sure.
If anyone has any suggestions, I sure would like to hear them.
Thank you
EL

[whtviper1]

Let's get some terminology right.

A tenant is a person who signed a lease. If they don't vacate at the end of lease it's a fairly straightforward process in Hawaii to evict. No lawyer needed and low cost. It is a civil matter.

A squatter just moves in a property without a lease. It is illegal to be a squatter in Hawaii. It's trespassing and the police will deal with it.

[EddieLo]

Originally Posted by whtviper1

Let's get some terminology right.

A tenant is a person who signed a lease. If they don't vacate at the end of lease it's a fairly straightforward process in Hawaii to evict. No lawyer needed and low cost. It is a civil matter.

A squatter just moves in a property without a lease. It is illegal to be a squatter in Hawaii. It's trespassing and the police will deal with it.

As I said, I went to KPD. They side with the squatters. They told me it's a civil matter. I suppose that maybe they have other things to do than to go handle an unlawful criminal trespass which is a mere misdemeanor. Misdemeanors are low priority.
As for eviction, yes, it's a civil matter and when the tenants decide to fight the eviction, or just milk every way they can to delay the eviction, it could take months. And money. And the thing is, they know it.
Without a lawyer, how do you proceed?
EL

[whtviper1]

If there is no lease -

You call the police and say HELP - I've got a trespasser on my property- it's not a civil matter in Hawaii without a lease. Or, change the locks if the police won't really help you.

[EddieLo]

I think I've already said two times that I DID call KPD. Maybe I need to call again and ask for a supervisor but the officer I did talk to indicated to me that it is NOT criminal trespass because they are family. hmm, using that logic if I kill a relative it's not murder because they're family? lol.

[Jonah K]

Originally Posted by EddieLo

And that's where they live, in one large room where they moved a large refrigerator I had in the garage and using an electric hot plate for cooking.

Originally Posted by EddieLo

I think I've already said two times that I DID call KPD. Maybe I need to call again and ask for a supervisor but the officer I did talk to indicated to me that it is NOT criminal trespass because they are family. hmm, using that logic if I kill a relative it's not murder because they're family? lol.

Trying to evict a "granddaughter, her boyfriend, and four kids" that are allegedly "squatting?" The KPD is unlikely to get involved; however, "Child Welfare Services" might…
Hawaiʻi Department of Human Services -- Child Welfare Services

[davephan]

Originally Posted by Jonah K

Trying to evict a "granddaughter, her boyfriend, and four kids" that are allegedly "squatting?" The KPD is unlikely to get involved; however, "Child Welfare Services" might…
Hawaiʻi Department of Human Services -- Child Welfare Services

Maybe you could cut off the electricity and water. It's tougher to live without electricity and water. Is it possible to sell the property with the squatters in the property. The squatters would then have no relationship with the new owner, and could be evicted.

Also, remove those relatives from any inheritance and beneficiaries from insurance policies. After the squatters are out, cut them out of your life forever.

[Dreaming of Hawaii]

Originally Posted by davephan

Maybe you could cut off the electricity and water. It's tougher to live without electricity and water. Is it possible to sell the property with the squatters in the property. The squatters would then have no relationship with the new owner, and could be evicted.

Also, remove those relatives from any inheritance and beneficiaries from insurance policies. After the squatters are out, cut them out of your life forever.

There are people here who live off the grid. There are people here who live in lava tubes. There are people here who live in old school buses. Do you think any of them care about electricity and water? It's VERY different in Hawaii than Minnesota.

[whtviper1]

If it's a squatter then it's trespassing and a matter for police

If it's a tenant relationship it is illegal to turn off electric or water.

[ComoAmero]

In California, if you allow somebody to live on your property for a certain amount of time, they become legal residents whether or not they have a lease. You then have to go through the eviction process. At that point, cutting off the electricity, etc. also becomes illegal.

Don't know if the law is the same in Hawaii, but it would probably be best to start the eviction process yesterday if you ever want to get them out of your place.