Trespassers caught but will they return and become squatters?

Question

Today I encountered trespassers on the property I was showing to my clients. The story is that my client and I stopped at a house with a For Sale sign in the front yard. I called the selling agent to make sure it was okay to show and that there weren't any showing restrictions. The agent said "it was vacant and to "go and show". The first red flag I encountered was when I tried opening the front door, it was being blocked by some object and could only open about 6 inches. I put my phone on video record function to record behind the door so I could see what was blocking it. I saw a closet rod on the floor between the wall and door, so I reached in and pushed the object away. Once in, I announced loudly that "I'm a real estate agent coming in to show the property"! As I inspected ahead of my client, I noticed a frying pan on the stove with the remains of a recently cooked meal and some fresh ingredients on the counter and meat in the refrigerator. I opened the oven door and found it stuffed with a backpack and a bunch of clothes. As I checked the garage I found the garage door unlocked and in the back yard I could see missing fence boards and the opening leading to an alley. Putting all the clues together, it appears that a homeless person had taken advantage of a vacant house with all the utilities on.
My client wanted to go get her contractor and bring him back to the property. So I locked the house up tight including the garage door and we planned on coming back in an hour. Upon our return with the contractor who was giving estimates for repairs, we walked the house again and made our way to the garage door and opened it to find 2 obviously homeless individuals, with a shopping cart full of junk, trying to enter through the garage door, which I had locked an hour earlier. I asked "what are you doing here" he replied, " I'm doing work on the house" my reply was, you're trespassing and you need to leave the property. His reply was "no I'm working on the house" as he stood his ground and approached closer to me. I gave him a clear warning that he was trespassing and if he didn't leave I would call the police. I could also see right behind him a larger section of the fence had been knocked down even more so they could get the shopping cart in the backyard. With him arguing with me, approaching closer to me and my clients looking shocked, I decided it was best to call the police. I told my client to get back in the garage and we closed and locked the door.
In about 15 minutes the police arrived, proceeded with their investigation, and of course the 2 homeless individuals were long gone.

I always knew I would eventually encounter a situation like this and today it happened.

So what's your experience with trespassers, squatters or sketchy situations while showing property?

I always knew I would eventually encounter a situation like this and today it happened. So what's your experience with trespassers, squatters or sketchy situations while showing property?

Kevin Sobilo · Answer

@Brandon Campbell, yes I'm in northeast Pennsylvania. In my state squatters similarly gain rights as you stated, BUT it isn't that unreasonable to deal with them. I'll share another story I had with an actual squatter:

Several years ago I bought a house through the tail end of the tax sale process for $500 (yes, really). It is a raised ranch and it had a good looking roof. I bought it specifically to use the garage as storage. I didn't even care the condition of the house itself.

The process to purchase through this last step of the tax sale process (repository list) took several months to complete. During that time I would occasionally drive by the property but it always appeared to be vacant.

When I finally got the deed, I went to break into it and secure it for myself. I went up to the house's back door and I found there was an easily accessible window I was able to pry open without causing damage. I poked my head in and found myself staring at the back of a small flat screen TV in a bedroom and when I looked further into the house, it looked "clean", in fact TOO CLEAN. It looked occupied!!!

So, I backed myself out of there without actually entering the house. I went to the nearest neighbor and introduced myself and inquired about my house. I was told that yes someone lives there and tells people he owns it even though the neighbor knew that wasn't true.

So, I went home and regrouped. I consulted with my real estate attorney and was advised of a strategy to handle ousting the squatter. The approach they recommended was to make that squatter a defacto tenant and then to evict them for nonpayment. I guess this eliminates any messy arguments anyone could make during an ejectment (evicting a squatter) proceeding and makes the process more cookie cutter to handle.

Anyways, I stopped by the property a few times until I could catch the squatter at home. I spoke to them and explained the situation. They were agreeable about leaving, but to protect my interest as the lawyer suggested I gave the squatter a letter notifying them that I had purchased the property as of a certain date and that market rent of $XXX was due. I told them if they left I would not take any action about the rent, but if they didn't I would use that as cause to evict.

The squatter was pretty reasonable about leaving. It took them a few weeks longer than they originally agreed to, but I was flexible because they were making an honest effort. They offered to give me a key prior to them leaving but I refused because I didn't want there to be any misunderstandings if they thought something went missing. I told them this is YOUR place until you are out and then it becomes MY place clean and simple.

Eventually, he did leave. He had been living there several years with no water, a small generator he ran under the back porch with a long extension cord for a little electricity, and only a propane heater in the living room like a camp fire for heat.

He endured those conditions but STRANGELY who shows up to help him move?!? His WIFE and adult son! How terrible must your home life be to squat in those conditions rather than live with your wife. So, sadly I think I ruined his life and he was forced to move back in with his wife! lol

I also learned the back story about how he came to squat there and how the house ended up as a tax sale property. The squatter was originally a TENANT! The owner lived next door in a large building with an old storefront space and large apartment. He committed suicide (shot himself in the head) leaving behind 197 cats in the building next door.

The owners wife I found out ended up in a mental institution and apparently nobody took control of the estate so the properties went to tax sale. The tenant never moved out and just became a squatter for several years until I purchased the property.

Kevin Sobilo · Answer

@Brandon Campbell, great story!

I've had a few stories with trespassers and squatters, but I'll share this one.

Several years ago I was buying a foreclosed house through an auction website. After getting the property under contract, I went to the property a few times to develop my scope of work for the rehab. About a week before closing, I went to the property and it had clearly been broken into. I wasn't sure if anyone was in the house so I called the police to check the house and to document everything in a report. Since I didn't own the house yet and didn't know if there was any damage that might affect the sale that seemed like the best course of action.

Nobody was present and the police left. As I went through the house and investigated further, I found that someone had hauled IN a used gas boiler and had begun INSTALLING it to replace the old boiler that apparently didn't work. I also found that someone had popped the electric meter and removed the plastic plug so that they could steal electricity.

It would have been so much easier to just heat the house with electric heaters or install some electric baseboard than to install a gas boiler. I figure they were setting the house up to be a marijuana grow house and needed all the electricity for lights and ventilation.

Later on after speaking with some neighbors, I found out that one of them saw the guys who broke in and had called the police. Apparently the police had interacted with the guys as they were breaking in and hauling that boiler inside! The guys told the police "If we were breaking in, would we be hauling this gas boiled INTO the house?!?" The police bought the story and left them to continue breaking into the house!

After that, I had no further problems. I wanted a brand new boiler in that house, so I traded the used boiler the trespassers had left to the plumber towards some of the work. He wanted that boiler to install at a relatives house. So, I was able to seamlessly get some value for it. So, in the end I actually gained something of value from this minor ordeal!

Brandon Campbell · Answer

This property was challenging and required almost daily visits to ensure no one got in. There were a few attempted break-ins, but being vigilant paid off. We closed escrow about 20 days ago.

Brandon Campbell · Answer

You inherited quite a ball of confusion and through your methodical approach you were able to unravel this mess and make a soft landing. Quite a few lessons must have been learned form this acquisition Thank you for sharing as I can now see a logical approach to my own personal situation If the trespasser chooses to claim an entitlement.

It looks like my byers and I will be going into escrow on this home and through your own experience that you shared I feel like i have a good game plan if this trespasser tries to pull a fast one on us.

Brandon Campbell · Answer

Hi Kevin! Great story about your experience with trespassers. You really turned a sketchy potentially negative situation into a positive big win for yourself and your plumber.

It's pretty wild how these tricksters convinced the police that they were legitimate and not up to nefarious activities, and were allowed to continue their scam. They must be seasoned pros and you really dodged a bullet by diverting your situation into a positive outcome. God was on your side.

It sounds like this occurred somewhere in the eastern U.S.

I'm in Sacramento California and unfortunately squatters who meet specific requirements such as openly and continuously occupying a property for 30 days can establish tenancy rights and eventually establish ownership through adverse possession. either way its a pain in the you know what and an added expense and hassle to remove such people. If my clients go for this house, I'm going to take every measure to keep the trespassers out.

Trespassers caught but will they return and become squatters?

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