Real Estate Investor · TN · Member since 2008 · 42 posts · 4 votes
Looking for feedback. I have a lease with a renter who moved on January 19th. After moving him out, his mother moved in and changed the locks. The police were called to remove her as trespasser, but the officers would not because she stated she had lived there the whole time. The eviction process has been started. However, we are now having water damage in the apartment below. She will not allow us in to fix the problem. My only option is to either allow the damage or cut the water off. As you know, cutting utilities off to a tenant is frowned upon by judges. My intention is to take pictures and show proof of damage and then cut the watewr off. Any thoughts?
Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
16y
Don't do anything CRAZY, such as removing the door or breaking the door down. The judge will find that the woman has LEGAL tenancy and you will pay a steep price for any crazy actions you take.
Continue with the eviction and fix the water problem. This is how I WOULD do that. I would turn off the water and then cap off whatever lines are running to her apartment. Go get some "SHARKBITE" end caps to cap off the lines. Then, put a notice on her apartment that there was an emergency (leak) coming from her apartment, necessitating the water being shut off until you can make the repair. Request that she contact you immediately so that you can get into her apartment to fix the leak. Problem solved LEGALLY regardless of how she responds. If she doesn't contact you, the water is legitimately off and the onus is on the tenant to let you in to fix the leak. If she contacts you, go fix the leak and again - problem solved!!!
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
16y
Cut the water off, call the police, bust the door down and make the reapir, put the door up and file a police report for vandalism if you can, since she intentionally caused the damage due to your suit against her. I'd ask the officer to arrest her. You have a right to protect your property and a tenant can not lock you out. Change the locks and tell her to pay a key deposit! You probably won't get any money out of that tenant. While you are there, if there is any sign of drugs, you can set them out under suspected drug usage statutes of your state, usually like immediately. Let her hire an attorney, she probably can't. IMO I'd be in their face real quick! Good Luck, Bill
Real Estate Investor · TN · Member since 2008 · 42 posts · 4 votes
16y
Thank you for the feedback. I've had police out 3 times. They will not help with access. The squater stands behind the door witht the police on the phone. I've spoken to a Magistrate Judge who frowned upon the idea of forcing my way in, but had no suggestions when I mentioned the damages.
Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
16y
What an unfortunate situation. I hope that gets resolved soon. Is Georgia a tenant-friendly state?
Did she move in at the same time she was living in there, or after he'd left? If it's the latter, I guess the remedy to prevent this from ever happening again would be to change the locks immediately after the old tenant moves out.
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
16y
The judge is not going to tell you how to cure your problem. Go talk to a police officer when you find one, do it in person, tell him whats going on and tell him you need in the property to protect the other units. If you force your way in, there better be damage or an emergency to repair. He should go to prevent any trouble. Otherwise, as I said, sneak up and get in there, they can't arrest you so long as you don't touch her or her stuff. Ask an attorney! You have rights as well! Bill
Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
16y
Good point Steve.
Have you filed criminal charges for theft of your lock and vandalism via the water in the unit below? I know it sounds like slim to none chances but you need to create a paper trail.
Real Estate Investor · TN · Member since 2008 · 42 posts · 4 votes
16y
Thank you to everyone for the quick feedback. I have spoken to several police officers including a supervisor at the property.. All stated they they cannot force their way in our allow me to. Squater is there all of the time so I cannot go at a when she is not there. I scheduled a time with her with several officers there for the next day. Once we got there, she would not let us in and then called the police. The squater told the police she had been there for months. Of course this is a lie. However, the police are not willing to take the chance that she has established residency. My attorney, a judge, police, and several deputy sheriffs all believe she is a squater, but can only advise me to file for eviction. With the exception of the judge, they did believe I should shut off the water and document the damage with picture.
Real Estate Investor · TN · Member since 2008 · 42 posts · 4 votes
16y
You are right on with this. If we shut off the water, it will be to the whole building. Not just to that apartment. The Sheriifs department said she will be served to today. I was told by a neighbor that she plans to answer the eviction to ride it out. If she answers, we are in for another 3 weeks.
Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
16y
You said you already have water damage below. So you will probably have to cut out a section of ceiling in the unit below to repair the ceiling anyway; you might want to consider doing that now to examine the nature of the water problem better.
Rental Property Investor · Baltimore, MD · Member since 2009 · 624 posts · 559 votes
16y
If she is claiming tenancy then the lease in place with her son is still in effect. What does that lease say about landlord entry into the building?
If it allows entry... usually with some pre-notification... send her a letter, certified and first class... tell her you are coming in at a specific date and time... hire a lock smith, bring the police and then exercise your rights as a landlord.
If your lease don't contain an entry clause... make sure that the next one does.
Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
16y
Originally posted by Peter Giardini:
... If it allows entry... usually with some pre-notification... send her a letter, certified and first class... tell her you are coming in at a specific date and time... hire a lock smith, bring the police and then exercise your rights as a landlord.
...
When it comes to notifications like these, I would suggest in addition to what was already mentioned, to post it on the main entry to the building and on the tenant's entry door to their unit; and, on any door they pass through in between going from the outside of the building to their unit. Makes it harder for them to say you did not attempt to give proper notice, when everybody else in the building can see it too.
Real Estate Investor · TN · Member since 2008 · 42 posts · 4 votes
16y
The lease does give me entry into the property with notification. I even had 4 police officers there when I gave notice and witness a scheduled time to enter. At the scheduled time, she would not allow entry. The police were called and they would not allow me to enforce my lease. I still cannot get access with the police present.
Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
16y
This is a long shot, but it sounds like she could be mentally unstable. Perhaps there's some way of having her declared a risk of harm to herself and others and removed from the property for her own safety. Florida has something called the Baker Act to this effect.
Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
16y
Maybe forget the police for a moment and contact a social worker or whatever social welfare agency handles your area. They may have some ideas on how to handle this. Maybe they can do something to empower the police to be able to act, too.
Real Estate Investor · Dallas, TX · Member since 2008 · 148 posts · 50 votes
16y
Robj,
Let's try a NEW direction. Be aggressive!
I'll assume she is there ALL the time. Can I assume that during certain times of the day, the rest of the property is away at work, like most normal people.
If so...it is time for 'daytime construction update' day. Give notice of water/power cut-offs during the next day (Always give notice.) Then proceed in cutting off all the water and all the power...to the entire building. This should get her out of the building for the afternoon.
When she is gone, access the apartment and remove the front door! I forgot to mention it was also 'repair the front door' day as well.
Remove the door and turn the utilities back on.
She is a squatter and a thief. When you get in front of the judge, explain how this woman held you hostage and you where trying to protect your property.
Unless your have a 'bleeding-heart' of the judge...he/she will most likely act on your side and approve your 'tactics' and you can get her gone.
...and don't involve the police. You don't need the police to enter a property that you have given notice. Just bring a 'locksmith' and your handy man to remove the door.
When you get onsite, be quick. If she calls the police, wait until they leave and GET IN THE APARTMENT.
Good luck.
I bought a complex in 2008 with 2 drug dealers, a heroine addict, 2 hookers, and a variety of dead-beats. 5 evicts with the same judge in the first 30 days.
The 'heroine addict' came to court and pleaded his case...judge just laughed and wished me luck with my 'new investment'.
Took 5 mths but we cleaned it out and filled it up with new 'paying' tenants. Sold in late 2009.
This last week, I heard the new owner has a bad landlord and the pimp and his hookers are back. I wish them luck.
I hope this helps with your squatter. I can't stand the deadbeats and try everything to get them gone.
Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
16y
Don't do anything CRAZY, such as removing the door or breaking the door down. The judge will find that the woman has LEGAL tenancy and you will pay a steep price for any crazy actions you take.
Continue with the eviction and fix the water problem. This is how I WOULD do that. I would turn off the water and then cap off whatever lines are running to her apartment. Go get some "SHARKBITE" end caps to cap off the lines. Then, put a notice on her apartment that there was an emergency (leak) coming from her apartment, necessitating the water being shut off until you can make the repair. Request that she contact you immediately so that you can get into her apartment to fix the leak. Problem solved LEGALLY regardless of how she responds. If she doesn't contact you, the water is legitimately off and the onus is on the tenant to let you in to fix the leak. If she contacts you, go fix the leak and again - problem solved!!!
Real Estate Investor · TN · Member since 2008 · 42 posts · 4 votes
16y
I like the way you think. I have scheduled a day with my handyman. We have a numerous items scheduled for repairs. We will be searching for the leak, but my plumber thinks it may be a frozen pipe. Since the squater and her son ran the last tenant out of the 4 unit building, the entire building is vacant. This is a perfect time to turn off the water to the building and search for the leak. If she will not allow me to enter the apartment, there is a possibility I will not be able to fix the problem. If I cannot fix the problem, I certainly cannot turn the water back on.
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
16y
Hey, I didn't really mean bust the door down, but force it open. In a PHA, we have had these mental cases and you need to grow a pair sometimes! Mike has a very good point, especially since you have an empty building.
Hey, I didn't see any votes for Mike! Let's vote that up! Bill