Unauthorized occupants -- vandalism and trespassing? Lockout?

Question

Mike Cumbie · Answer

Your next conversation with your PM should be:

"Thank you so much for letting me know, this is unreal, let me know when you have it all handled".

Account Closed · Answer

I'm a little confused.  Are these "unauthorized guests" of the tenant on the lease or are these squatters?

If they are unauthorized guests, then turn your property manager loose on them, repair the damage, and if necessary, bill the tenant that is on the lease for damages (sue if necessary).

If these are squatters, then treat them as burglars.

If you look up the definition of burglary, you'll find that generally, it's defined as the breaking and entering into a premise with the intent to commit a crime.

My concern would be that your property manager is handling this like they would handle a tenant - in a "civil matter" as opposed to how they would handle a burglar - in a "criminal matter".

It sounds to me like you don't have enough information to assess the situation.

Thomas S. · Answer

I would personally take direct action to lock out the individuals. My primary concern would be to mitigate the damage and in doing so treat all individuals as trespassers. Act first apologise later.

I would put my concerns regarding "self help evictions" aside and prioritise protecting your investment and your other tenants.

I would also be speaking with your PM in regards to how he could allow this situation to develop without his knowledge or intervention. He either needs to step up and take responsibility for his neglect or be terminated.

Jeff Gates · Answer

Be careful with the police. They may have requirements to protect the humans tenancy rights. Many police departments have protocol about this situation. If they have been in the unit over night, the police will protect them. If there is no over night, you have burglars and you press charges. The tricky part about the overnight is the police treat this is a landlord tenant dispute. And this can be true if there is no lease as there can be verbal agreements. In this case the police want you to file for eviction and have a judge make the decision. Now every police department has their own protocol. If there is over night, then don't call the police. Just offer the swatters some money, and one night hotel room. As soon as they are down the street and out of the unit, then you change the locks and hire security folks.

Jason Boulay · Answer

@Jerilin Buzzetta The exact scenario is a bit unclear.  Are there tenants that are authorized to live in the premises that have a lease in place or is this a vacant unit that has destructive squatters?  I don't know the terms of your lease, but I'll assume you have some basic protections in place.

With the former scenario, there are a couple different routes to take.  If the authorized tenants have guests that are residing in the unit without permission, it may be a matter of noncompliance for breach of lease.  Asking for a utility bill in the unauthorized guest's name would typically resolve the issue if they are able to produce documentation of a primary residence elsewhere.  A safer bet may be to send a noncompliance for the condition of the apartment after completing an inspection or a noncompliance for both.

After sending a noncompliance letter, the authorized tenant has 20 days to rectify the non-compliant behavior.  If it is not resolved within the period, then you can file a formal compliant with the court for an eviction hearing.  The tenant has an additional 20 days to respond to the compliant.  You would be looking at about 30+ days out before you would step foot in court after you file the formal compliant.  Obviously, a lot more destruction may take place during that period.

With the latter option, I personally haven't come across a scenario like that.  It may be something that could be resolved from a police standpoint.  That may get a bit tricky with a vacant unit as the police will likely want to be careful not to unlawfully remove someone from a dwelling that they may have rights to without court involvement.

I want to also state that I'm not an attorney and are simply giving my thoughts based on my experiences as a property manager.

Deanna McCormick · Answer

Sorry I meant these ARE NOT Tenants,, they are Trespassers

Your PM should have secured the unit as soon as they realized it was broken into.

Anthony Thompson · Answer

Jerilin, I wouldn't do anything without getting legal advice. As someone who is not an attorney, I'll just give you my thoughts.

The reason I wouldn't immediately go and change the locks is that it's not clear that any/all of the occupants broke in. My understanding is that if any one of them has a key, the police will consider them lawful occupants and an eviction will have to occur.

You didn't say what the situation was as far as if there is or was a lease in place for some tenant, even if that tenant left.

My main concern is that my understanding is that the courts do not like "self help evictions" - where the owner does something like changing the locks, removing doors, shutting off utilities etc. on a tenant/lawful occupant, and judges can punish owners severely for doing that.

Again, you need to get legal advice, based on what you've said this is not a situation where you (or the property manager) should be running over and changing locks or boarding up anything. (In my opinion as a non-attorney.)

Deanna McCormick · Answer

I would just go in the unit secure all the doors and windows and change the locks and to Hexx with them they broke in they are trespassing and Your property manager should be ON top of this..

You don't know who the xxx these people are so just plain go in and secure the unit.

Tell your PM you want photo's of inside and out and if you have to board up the window's from the inside or whatever you want it done,, NOW

these are tenants they are trespasser they have no rights or claims to your property,, they broke in and you have every right to secure and protect your building.

I'd contact your insurance company regarding the destruction.

Unauthorized occupants -- vandalism and trespassing? Lockout?

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