Squatters

I am so frustrated with my property. I have recently stepped into a property that has so many problems that I cannot tell which ones were caused by inexperience, incompetence, laziness, negligence, or all the above.....

I now have a household that actually moved in approximately 11 months ago, moved out about 4 months ago, and subesquently another household moved in WITHOUT AN APPLICATION or legal lease agreement and now they are nearly 2 months behind on the 'contract rent'........

I understand why my predecessor IS my predecessor and I am livid that this was allowed to take place.

Hey Johnny,

That situation sounds like something that could happen around here. Sounds like nobody was watching the store. However with all the finesse of the great state of CA, I am sure you can dump them right out of there. Here in the SE USA, one would need to go in guns cocked to get that done. Just kidding though.
Your unwanted tenants are probably a product of OK, AR, AL, or MS and they haven't get the CA "uptick" about them yet. Check and see if their last name is Clampet.

Does the previous agent still work for the company? I would check the legal details involved in this issue and see if you can force them to sign a lease or if you can give them a move out or evict notice.

Hmm. I think I would check on this but generally if there is no lease, it goes to month to month. It sounds as if you are stating that the ORIGINAL tenants moved out then allowed a different family to move in. :ohmy: I am assuming that is a violation of the lease. Everyone has to complete an application. Everyone has to have a background check done on them for obvious reasons. I would probably contact the ORIGINAL renters and let them know that they violated by allowing someone else to move in. :huh: I would also contact the current renters and insist that they make an application and sign a lease. If they do not pass the background check then they too have violated the lease terms and are subject to eviction.


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These are things I already know. I have been in contact with the original person on the lease; and the 'undocumented' residents have not come to me since 2/8. They are approximately 2 months behind on the rent; and I mailed back a partial payment from last month as it was received late; I never accept partial payments, especially when it is late. I was fortunate to be able to determine the names of these undocumented household members and have talked with the attorney about this matter.

The original person on the lease moved out and turned in keys; the current household was somehow allowed to move in without any documentation; so the prior household will be excluded from this action. My predecessor sure left this property in not only financial hot water, but legal hot water as well.

Like I said in my original post; I cannot determine if the problems I inherited were caused by inexperience, incompetence, laziness, negligence, or all the above. This particular problem is sheer negligence in my mind.

Ok I think I get the full idea now. What about a "Fix Violation" notice. The violation of course is that they have moved in without benefit of an application, background check or signed lease. I am sure you have already notified them of this, but perhaps they need a reminder with a fixed date to cure or face eviction. If they are refusing to allow background check etc. that speaks volumes in and of itself :ohmy: Probably your next and only recourse is to take the unauthorized tenants to court to evict. Afterall, they are squatters since they are not authorized to move in and are not paying (or at least not paying all of rent).You may want to consider a constable service to evict.

If you find that the previous predecessor is totally the culprit, then this needs to be made clear to the JUDGE once you get to court. I realize that letters probably are NOT going to cure the situation since if the Squatters would listen to letters then they would have already come in and completed an application and signed a lease. It does, however; protect your office.Hope your situation is resolved soon Here are a few sites I found on the subject:
www.findlaw.co.uk/law/property/other_pro...w_topics/500370.html
www.ehow.com/how_5890547_evict-unauthorized-tenant.html
forum.freeadvice.com/landlord-tenant-iss...squatter-555535.html

Hi There,

You can file and eviction on Jane and John Doe for nonpayment of rent. The court will sort it out for you.

Good Luck!

We have since found out that the prior resident knows the current resident (their son is married to her sister) and it appears that they sublet the unit and had introduced the current 'undocumented' residents to my predecessor, but had no idea that they were paying rent in their name (when they did pay rent). So we filed on all four parties yesterday, the current undocumented household members, and the previous residents as well.

I had a strong feeling that somehow the 2 parties were connected. Glad it is going to work out for you.