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Forums » Rental Property Questions & Landlording Issues » I walked in on a burglary in progress last night.

I walked in on a burglary in progress last night. Subscribe to I walked in on a burglary in progress last night.

21 posts by 15 users

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Real Estate Investor · Hartville, Ohio


Not the best of nights last night.

I have a scheduled appointment to show one of my vacant houses to a potential tenant this evening, so last night I drove over to the house to make sure everything was in order for the showing.

When I arrived at the house the first thing I noticed was that both of my "for rent" signs were gone. This didn't really set off an alarm bells for me because I thought either the city had removed them because I put them in the devil strip or some kids had stolen them. At any rate no big deal.

When I pulled into the driveway though my perspective changed. The driveway for the house is in the rear and when I pulled into the driveway I noticed the back door was open. Then for the briefest of moments I saw someone walking through the house. Honestly my first thought was not that it was a burglar, it was that someone who wanted to rent the place had found a way inside and was looking around.

I walked up to the back door and opened it up and yelled "hello". No answer. Now I knew for a fact I saw someone inside the house and when they didn't answer I knew something was wrong.

I walked through the house yelling hello and I saw a figure dash from the kitchen to the stairs and run up the stairs. They moved so quickly and it was somewhat dark inside so the only thing I could really tell was that it was a person. Now this is where my stupid genes kick in. I followed them up the stairs. I was yelling hello over and over again. I got to the top of the stairs and the figure dashed into the bathroom upstairs. At this point I started thinking "what if there is more than one, what if they are armed" etc. etc. I ran down the stairs and outside to my truck to call the police.

I got on the phone with 911 and started circling the house. I explained what was going on and that I believed the intruder was still in the house upstairs. The police were quickly dispatched. The first officer on the scene went to the rear of the house w/pistol drawn and asked me to stand out front while we waited for other officers to arrive. Within maybe 3 minutes four other officers were on the scene with the house surrounded. A few minutes later two more officers came and while the others guarded the exterior these two went inside to locate the intruder.

About 10 minutes pass and they both come outside to say they found nobody inside! I'm like WTF there is someone in there. So I go in the house w/the officers and show them where I saw the intruder. I was baffled because clearly there was nobody in the house. While we were inside another officer came in to say that they had found a witness and this witness provided a description of the intruder. About 3 cars immediately started scanning the neighborhood. I'm not kidding when I say literally 5 minutes later one of the cars returned with the intruders in the back of his car.

They caught them! AND as I feared it wasn't just 1 person in the house. In fact it wasn't just 2! It was a total of 3 of them in there! AND they were 13-14 year old kids......

After some Q&A with them it seems that one of them the day before had managed to break off the side door knob that had the lock box on it. He then took the lock box home and spent all day yesterday beating it open to get the key. It just so happened that I arrived just a few moments after they initially entered the house.

So the officer says "you have two options, 1. I can take them home to their parents or 2. We can fill out an incident report and take them downtown." I asked the officer what he thought would be the best course and he replied "I don't know, it's a tough decision". It was then that another officer walked over and said "hey I was just at your neighbors house the other day, he had someone who broke into his garage and stole an axe". Well it didn't take a genious to figure out that it was highly likely these kids broke into that garage and used that axe on my door.

Given this newest piece of information I decided to prosecute to the fullest extent of the law. We filled out the incident report and the police hauled them downtown for processing. I'm not sure what is going to happen from here but I'm hoping I have a chance to confront those kids and their parents in court.

I'll also mention that these kids are extraordinarily lucky that I had left my house without my pistol. If I had my gun with me when I went into the house things would have very likely turned out much differently.

The end of the story as of now was that I was at this house until about midnight replacing the broken lock and re-keying the remainder of the doors.


Real Estate Investor · Corpus Christi, Texas


Wow Joe,

What a night! Is the house in a particularly bad neighborhood? I can't imagine what I would do if I were in your shoes.

I guess it teaches you not to leave the house without your phone or your gun...


Real Estate Investor · Hartville, Ohio


No it's actually in a decent neighborhood. Certainly not top of the line but your typical 1950's era bungalow style neighborhood. In fact this house is directly across the street from a church and a brand new elementary school.


Real Estate Investor · Southlake, Texas


Sorry to hear that.

You definitely did the right thing by prosecuting. These kids need to have the hammer brought down on them now, so that when they hit 18, maybe they'll know better.

Just curious as to what percentage of landlords carry protection?

Small_screen_shot_2011-03-24_at_8.39.20_pmTod R., Thompson Realty Corporation
Telephone: 817-781-1942
Website: http://www.thompson-realty.com
radyakllc@gmail.com http://www.thompson-realty.com


Real Estate Investor · Union, New Jersey


Glad everything turned out ok. In NJ, parents are liable for their children's actions so you may want to pursue this in civil court as well. Consult an attorney as I am not one.


Real Estate Lender · Fort Pierce, Florida


I hope th judge orders restitution to you for the door and required new locks and anything else they stole/broke.

Sometimes when kids get caught doing something like this early, they learn the hard lesson and never do it again.

Some minors kids (16 & 17_ broke into my car and several others. The police caught them in the act. The oldest had finished high school and had a scholarship to a small college. The judge deferred sentencing him until he finished college UNLESS he didn't keep up his grades and lost his scholarship. I guess that is incentive. I was happy with the sentence and I hope the kid learned his lesson.


Real Estate Investor · the desert !, California


so the question is would you now be in trouble if you had had your pistol and shot the shadowy figures running around in the house.
in your own house that is legal,,, in a rental that is vacant yes or no ???


Real Estate Investor · Hartville, Ohio


My understanding of the law in Ohio is this:

The use of deadly force is permitted in cases where you feel you are in immenent danger of severe bodily harm or death and you have no available recourse to flee the situation.

You can't use deadly force to simply protect property.

Now, the question is if you were to walk into a situation where an intruder was in your house could you prove that you were in immenent danger and had no other recourse. In my situation I was able to escape the house.



Real Estate Investor · North of Dallas, Texas


So someone breaks into your house, you walk in on them, and you are required to flee - that's a problem right there.

If someone breaks into a house they certainly are up to no good. Do they have a weapon? I guess according to the law YOU should flee YOUR property, then IF the criminal takes a shot at you, and misses, then, and only then do you have the right to defend yourself.

That's just wrong.


Real Estate Investor · Hartville, Ohio


Unfortunately that is the case. I copied the relevant section from Ohio law below

For purposes of the immunity created by division (B)(1) of this section, reasonably necessary force to repel a trespasser from a building or other structure that is maintained as a permanent or temporary dwelling or to prevent a trespasser from making an unlawful entry into a building or other structure of that nature may include the taking of or attempting to take the trespasser's life, or causing or attempting to cause physical harm or serious physical harm to the person of the trespasser, if the owner, lessee, or renter of real property or a member of the owner's, lessee's, or renter's family who resides on the property has a reasonable good faith belief that the owner, lessee, or renter or a member of the owner's, lessee's, or renter's family is in imminent danger of death or serious physical harm to person and that the only means to escape from the imminent danger is to use deadly force or other force that likely will cause physical harm or serious physical harm to the person of the trespasser, even if the owner, lessee, renter, or family member is mistaken as to the existence or imminence of the danger of death or serious physical harm to person.


Real Estate Investor · North of Dallas, Texas


<even if the owner, lessee, renter, or family member is mistaken as to the existence or imminence of the danger of death or serious physical harm to person.>

That part seems to give the owner, lessee, renter, or family member a fair amount of leeway.

Glad it didn't turn ugly on you Joe.


Real Estate Investor · Hartville, Ohio


I was back over at the house last night. Was doing some work inside and looked out the window and guess what I saw. Yeah it was the juvenile delinquents who broke into my house. They were just out walking the streets like nothing had happened.

Can you imagine these parents. Their kid was taken to jail the night before and the very next day they let their kids out of the house to roam the neighborhood.


Real Estate Investor · Akron-Canton, Ohio


That is a crazy story Joe. I'm glad it turned out well in the end.

Just out of curiosity what city was this rental? I live in Uniontown which as you know is a stones throw away from Hartville.

On a side note, have you looked into the Castle Law (SB 184) that Ohio passed sometime in 08? If I remember correctly if it assumed you acted in self defense if this happened in your own home. I'm not sure how it applies to rentals and vacant houses though.

Updated: 01:33AM, 07/02/2010

Acted in self-defense against an intruder. I'm sure there's more to it... but can't afford the time to find more info


Real Estate Investor · Hartville, Ohio


Brian, this incident took place in Canton.


Real Estate Investor · Fishers, Indiana


Joe, I am glad you got out of there. I have a different perspective from properties in the Detroit area which can apply for the Canton area. Copper, tank, furnaces and fixtures can be replaced, but a life cannot.
Glad you got out of there and had the authorities step in. Otherwise, nothing is worth the alternatives.


Real Estate Investor · Ohio


So, the lesson to be learned here is NEVER LEAVE YOUR HOUSE WITHOUT YOUR GUN! I don't! You never know when you're going to need it.

You only have a duty to retreat IF YOU CAN DO SO SAFELY. Also, the castle doctrine in Ohio covers your house and car.

Here's what's going to happen: NOTHING! You will NOT be called to court to testify. These juvenile criminals will get a slap on the wrist. In a few years, the little scumbags will be big scumbags and will rob your local bank!

Ohio desperately needs to change our laws to allow law-abiding citizens to defend their property. It's absolutely ridiculous that some scumbag can steal your stuff without recourse.


Real Estate Investor


Ha, Mike, you think Ohio is bad? Check out my post this morning in Off-Topic.


Property Manager · Atlanta, Georgia


You should definitely consider pursuing prosecution against the parents to pay for the damages caused by the kids.

I would assume the potential renter decided not to rent due to all the police commotion. If so sue the parents for lost rent.


Mobile Home Investor · Spanaway, Washington


Glad to hear it wasn't the realtor stealing jewelry or drugs this time around.


Property Manager · romulus, New York


Hello Joe in Oh;
You wrote"I walked through the house yelling hello and I saw a figure dash from the kitchen to the stairs and run up the stairs. They moved so quickly and it was somewhat dark inside so the only thing I could really tell was that it was a person. Now this is where my stupid genes kick in. I followed them up the stairs. I was yelling hello over and over again. I got to the top of the stairs and the figure dashed into the bathroom upstairs. At this point I started thinking "what if there is more than one, what if they are armed" etc. etc. I ran down the stairs and outside to my truck to call the police". You used the words- they-them and dark(environment). You where only sacrificing your stay on earth. Never play macho in a bull ring without your red cap.
If you have no protection, always take that two or three seconds to think before you act- never let you mind give you orders; we can react faster then a thougth; in valuation = in was a great day for the trespasser those young unlawful entry guys and their familys plus you. Before you got your permit there was
training but that would of a been second thing=action first!
It was dark, Joeinoh. utilties should be on, to stage your property (its a cost, the mind is so please to view mechanical things at work),lights are very important and etc.,. Your training payed
off and a lesson was given to us here at B/P and the replys are good & supra, even jugement calls. Thanks for sharing one of your dates with
with us. May the best be with you.




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