The cursed house

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The cursed house

Nat C.
Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes

I have 4 bedroom house in Atlanta which has been a bad news from day one. Now there is a new chapter in the chronicle.

Cleaners went there this week to clean the place after it became cockroach infested from being vacant with rotten foodstuff for 4 months.

When they arrived they found a dog in the house and a guy was seen jumping out of the second story window.

My new property manager went there today to get animal control to take the dog.

Upon arrival, she found guy and dog living in my house. She called the police to remove him and when they arrived, the guy produced a lease and said he was the tenant. 

The lease has a fictional property management company on it. Trina, my property manager, looked them up and they don't exist.

The police REFUSED to act or intervene as this 'tenant' had a lease and said the only way to remove him is to file for eviction through the courts which will take 60 days.

Trina is getting power and water turned off straight away to make it less comfortable for the guy. We are really hoping he will just leave.

What would you do if you were me?

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Account Closed
Real Estate Investor · Myrtle Beach, SC · Member since 2012 · 299 posts · 104 votes
12y

Well in the old days, we would just send over the removel crew LMAO

Oh How I miss the simpler days.

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  • Chris K.Pro Member
    Investor · Baltimore, MD · Member since 2012 · 1k+ posts · 655 votes
    12y

    Everytime I hear a story like this I simply cannot believe the nerve some people have to pull stunts like this.

    0Reply
  • Laura Williams
    Kansas City MO · Member since 2014 · 357 posts · 349 votes
    12y
    This is horrible. So sorry you have to go through this stress. I think your only solution is to get a good attorney straight away as these situations can be tricky legally.
    0Reply
  • Sharad M.Pro Member
    Carlsbad, CA · Member since 2010 · 1k+ posts · 1k+ votes
    12y

    I would try to offer him some cash for keys.

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    2Reply
  • Ben Kevan
    Investor · CA · Member since 2010 · 150 posts · 40 votes
    12y

    I agree with @Sharad M. . The easiest and most cost effective method of removal would be a contract to leave while paying (although it feels like you're getting taken) the 'tenant' a small amount. 

    ENSURE this is within a written contract with absolutely no strings attached with the ability to own all property in the property at the vacate date. 

    1Reply
  • Nat C.
    OP
    Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes
    12y
    Originally posted by @Sharad M.:

    I would try to offer him some cash for keys.

     He doesn't have keys; he broke in.

    1Reply
  • Nat C.
    OP
    Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes
    12y

    Appreciate you all taking the time to respond.

    Trina my property manager has had the most ingenious solution so far.

    The neighbors came and spoke to Trina and said they saw the guy breaking in. 

    Trina has several neighbors if they knew anyone at all looking for a place to live. The neighbor directly across the street has a grandma who needs a place but can only afford $500 a month. The house usually rents for $900 a month.

    Trina consulted me first and then told the neighbors that grandma can move in for $500 a month (only on a six month lease) if they can get her in there when the squatter is out for the day. So the neighbors are going to monitor when the illegal 'tenant' is coming and going and they will have the keys and can move Granny and her stuff in when he's out.

    If the police are called, they can't dispute that she is the true tenant, with a genuine lease and all her stuff in the house.

    Other things to mention, which are all in Trina's words; this is a black neighborhood and white folks don't live here. The squatter is a 50 year old white guy and think the neighbors will do a fine job of driving him out, especially with their grandmother and family in the house.

    Thus far I like Tina's idea the best.

    1Reply
  • Nat C.
    OP
    Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes
    12y
    Originally posted by @Ben Kevan:

    I agree with @Sharad M. . The easiest and most cost effective method of removal would be a contract to leave while paying (although it feels like you're getting taken) the 'tenant' a small amount. 

    ENSURE this is within a written contract with absolutely no strings attached with the ability to own all property in the property at the vacate date. 

     Is a sorry state of affairs when you start paying criminals for their wrong doings.

    Cash for keys started out with tenants who were victims of foreclosure, due to their landlord not being able to make their mortgage repayments.

    Now cash for keys has taken a whole new spin in a way that rewards criminal activity.

    3Reply
  • Gary Shaw
    Real Estate Investor · Country Club Hills, IL · Member since 2013 · 67 posts · 22 votes
    12y

    These are the kind of horror stories that make us newbies think twice about the buy-and-hold strategy.  Scary stuff.

    But, hang in there.  All that doesn't kill you makes you stronger (and richer) :)

    Gary

    1Reply
  • Sharad M.Pro Member
    Carlsbad, CA · Member since 2010 · 1k+ posts · 1k+ votes
    12y

    What about the squatter's dog and his belongings? Didn't you say that he produced a fake lease after seeing which the police didn't want to get involved?

    This doesn't sound like good advice to me. I have never dealt with something like this, but I wouldn't handle it the way your PM is suggesting.

    So, you will basically lose $2,400 to get the squatter out and get the other person in at $500/month. Wouldn't it be cheaper to give the squatter $500 or something to get written lease cancellation from him?

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    0Reply
  • Nat C.
    OP
    Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes
    12y

    UPDATE: I just found out the squatter is the crazy ex-handyman who stole a massive amount of money from me and robbed the tenant; hence why they left.

    0Reply
  • Chris K.Pro Member
    Investor · Baltimore, MD · Member since 2012 · 1k+ posts · 655 votes
    12y

    Sounds like an absolute mess...

    0Reply
  • Nat C.
    OP
    Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes
    12y
    Originally posted by @Sharad M.:

    So, you will basically lose $2,400 to get the squatter out and get the other person in at $500/month. Wouldn't it be cheaper to give the squatter $500 or something to get written lease cancellation from him?

     Sharad, this isn't about losing money, it's about not rewarding criminal activity. 

    It opens up a floodgate for every conman out there; break into someones house and make a $500 cash profit?

    0Reply
  • Nat C.
    OP
    Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes
    12y

    Well this is shaping up to be the most unusual landlord experience for me. My amazing property manager is at the house now at 1am with the police. He previously produced a fake ID and after I sent her his real ID the police are actually taking action.

    0Reply
  • Matt R.
    Sherman Oaks, CA · Member since 2013 · 3k+ posts · 2k+ votes
    12y

    Well that is great Nat. I am not sure of the squatters rights laws in FL but I can appreciate your initial ballzyness to take care of it. We hear about new horror stories regular on BP and it is about time someone turns the shoe on these jokers. I would rather have the criminal try to call the authorities for his rights than me calling for mine. Perhaps that is not the best legal advice but when you think about it ...it makes way more sense. 

    Thanks, 

    Matt

    1Reply
  • Brant Richardson
    Investor · Santa Barbara, CA · Member since 2013 · 658 posts · 315 votes
    12y

    False ID, breaking and entering (with witnesses), burglary (from your tenant), grand theft (from you).  They need to cuff this guy. 

    2Reply
  • John Marion
    Real Estate Agent · Canton, GA · Member since 2009 · 60 posts · 17 votes
    12y
    It would be better if your property manager had a more robust solution based on tenant-landlord law which didn't involve using granny, discount rent, and overt comments about race which violate fair housing and discrimination laws. Is your property manager a licensed brokerage firm? Is the property in Fulton County?
    2Reply
  • Ben Kevan
    Investor · CA · Member since 2010 · 150 posts · 40 votes
    12y
    Originally posted by @Nat C.:

    Well this is shaping up to be the most unusual landlord experience for me. My amazing property manager is at the house now at 1am with the police. He previously produced a fake ID and after I sent her his real ID the police are actually taking action.

     What an interesting turn of events. Glad to see it's moving forward. Immediately after it's done, I'd consider looking at new property management opportunities.

    0Reply
  • Steven Velez
    Real Estate Investor · Pompano Beach, FL · Member since 2014 · 38 posts · 14 votes
    12y

    Rough situation. I would throw a termite tent over the house, I don't think he would stay if he knows that chemicals are coming.  Hope all works out for you.

    2Reply
  • Account Closed
    Real Estate Investor · Myrtle Beach, SC · Member since 2012 · 299 posts · 104 votes
    12y

    Well in the old days, we would just send over the removel crew LMAO

    Oh How I miss the simpler days.

    3Reply
  • Account Closed
    Real Estate Investor · Myrtle Beach, SC · Member since 2012 · 299 posts · 104 votes
    12y
    Originally posted by @Account Closed:

    Well in the old days, we would just send over the removal crew LMAO

    Oh How I miss the simpler days.

    0Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    12y

    @Nat C. 

      Make sure you check with your insurance carrier if the house has been vacant for 4 months there is a good possibility that your not insured at this time.. As most policy go out of force if the property is vacant for more than two months... Many investors learn this the very hard way... Especially in this out of state low end type of rentals were your situation is just not that uncommon unfortunately..

    And your not the first investors that has been ripped off by their contractor.. Again a very common occurrence.

    I was talking with Bruce Norris last year at an event and he buys foreclosures in Inland empire and very common for a squatter to be in the house once they buy it at auction. And CA laws are very tenant biased.. they will automatically figure 2 to 3k to get the squatter out.. these are not hold over owners.. these are squatters same as what your dealing with.

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    1Reply
  • Steve Babiak
    Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    12y
    Originally posted by @Jay Hinrichs:

    @Nat C. 

      Make sure you check with your insurance carrier if the house has been vacant for 4 months there is a good possibility that your not insured at this time.. As most policy go out of force if the property is vacant for more than two months... Many investors learn this the very hard way... Especially in this out of state low end type of rentals were your situation is just not that uncommon unfortunately..

    ...

    But Jay, it's not vacant now since it's occupied :)

    2Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    12y

    @Steve Babiak 

      Touché    I know when I have had big insurance claims like a burned up house first words out of the audjusters mouth are do you have a current tenant ?  when you answer no then they just nicely ask ( Oh then how long has it been vacant) and if you answer oh maybe 3 to 6 months really don't know as I live in Oregon) then they inform you of the 60 day rule ... its in the small print...

    I was talking with a doctor out of Cleveland that thought it was a good idea to buy Detroit rentals.. Well you know how arson is just another sport in that city.. sure enough  one of his houses got torched it was vacant for 6 months insurance rejected his claim. he lost 60k right there.

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    0Reply
  • Andy Collins
    SFR Investor · Dallas, TX · Member since 2011 · 604 posts · 243 votes
    12y

    I appreciate what your dealing with, but I think a PM that comes up with a plan that involves moving out someone without a court order that has claimed to have rights as a tenant, is a way to potentially end up in a mess legally.

    If you had done that before he came up with this "lease" you might be able to get away with it,,but I wouldn't try it at this point,,obviously the matter is being corrected now, but I would question the approach the PM came up with, and question if you want that type of thinking working for you going forward

    1Reply
  • Nat C.
    OP
    Investor · Miami, FL · Member since 2013 · 807 posts · 475 votes
    12y

    The PM is by far the most dedicated, hard working and intelligent woman I've met in real estate. When she termed it 'a black neighborhood, where white people don't fit in', I thought she had the right to, as a woman of colour herself who has many rentals in this neighborhood.

    Also when the police came, the neighbors refused to speak to the police but took my PM aside and told her EVERYTHING and what they had seen. 

    The neighbors are now watching the house and said they'll call her if anything strange is seen.  She is a woman who naturally garners respect and that's someone who I want on my team.

    1Reply
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