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Posted: 12/9/2011 9:35:39 PM EDT
For about 4 months now an unofficial, contract-less renter has decided not to pay rent and not to leave the property.  The squatter has been living in my grandmother's plumbed, wired, furnished garage for 8 months.  The squatter started as a family friend who guilted my grandmother into temporary shelter.  Rent was originally being paid.

Apparently there is a law preventing forceful removal of squatters.  I don't know if it's federal, California or San Bernadino county law; she was advised by the police and by her "lawyer friend" not to forcefully remove the squatter.  They have apparently filed with the court but I can't get any concrete information out of either my grandmother or my father, who until 3 days ago was also living there.  He's now out of the country on "business," leaving the problem unsolved and leaving my grandmother worried, stressed out and alone with this unscrupulous dreg.

Compounding the problem, the squatter ran up a $450 water bill (it's the high desert) and obviously refuses to pay that as well.  My grandma can't afford it, and I'll likely end up eating that myself.

There is no, repeat no money for court fees or lawyers.  The "lawyer friend" is working pro bono, which likely means she's unqualified and unskilled.  The police will not remove the squatter, the squatter cannot be forcefully removed and any on-site muscle is now out of country.  I'm 1,000 miles away and can't do a damn thing.  Neither the local courthouse or local police will give me any information over the phone.  Neighbors are unsympathetic and likely wouldn't be of any help anyway.  Apparently nobody's called the sheriff but I don't know what he would do that the police and court can't.

I don't know what to do.
Link Posted: 12/9/2011 9:39:17 PM EDT
[#1]
SSS
Link Posted: 12/9/2011 9:40:04 PM EDT
[#2]
Contact county sherriff's Dept to begin eviction proceedings. It does not require a lawyer. It will take months.
Link Posted: 12/9/2011 9:40:08 PM EDT
[#3]
its her property, he's not paying, she doesn't want him there, and he won't leave.

What's stopping you from carrying all his crap out to the curb and locking the door? I fail to understand how you cannot remove him from the property.

If he was paying rent send him a letter of eviction?
Link Posted: 12/9/2011 9:41:41 PM EDT
[#4]
Quoted:
the squatter ran up a $450 water bill (it's the high desert)


You just answered your own question bud.  Call the water department and turn off the water.  Can't live long without it.  They will leave.  For a 1-2 whammy call the sheriff's office, that's their jurisdiction.  They are the authority for evictions etc.
Link Posted: 12/9/2011 9:42:03 PM EDT
[#5]
I don't know why you can't throw someone out on their ass, but apparently you can't.  Removing property would be violent removal.

Quoted:
Contact county sherriff's Dept to begin eviction proceedings. It does not require a lawyer. It will take months.

I'm guessing this is what they did.  Whatever this "court filing" is started 3-4 months ago.  Nothing's come of it.
Link Posted: 12/9/2011 9:42:22 PM EDT
[#6]
What squatter?
Link Posted: 12/9/2011 9:43:15 PM EDT
[#7]
Quoted:
What squatter?


Quoted:
SSS


Murder is clearly not an option.
Link Posted: 12/9/2011 9:43:56 PM EDT
[#8]
Quoted:
its her property, he's not paying, she doesn't want him there, and he won't leave.

What's stopping you from carrying all his crap out to the curb and locking the door? I fail to understand how you cannot remove him from the property.

If he was paying rent send him a letter of eviction?


Most states have laws to prevent unscrupulous landlords from doing this to tentants. Once a person begins residing in a domicile it requires a formal eviction from the landlord. The sherriff's dept is the agency that handles this.
Link Posted: 12/9/2011 9:44:06 PM EDT
[#9]
Quoted:
SSS


winner, winner, chicken dinner!!!
Link Posted: 12/9/2011 9:44:51 PM EDT
[#10]



Quoted:


its her property, he's not paying, she doesn't want him there, and he won't leave.



What's stopping you from carrying all his crap out to the curb and locking the door? I fail to understand how you cannot remove him from the property.



If he was paying rent send him a letter of eviction?


Renters rights. Whether he's paying rent right now or not doesn't matter, the owner and him did have an agreement at one point so he is still technically a renter.



If the owner or owners family enters the rental and remove his stuff they can be charged with trespassing, property damage, theft... if they "kick his ass to the curb" then they can add assault to the list.
Link Posted: 12/9/2011 9:45:26 PM EDT
[#11]
Garage?...Invite all of the town to park in said garage for free. Squatter will either leave or damage said vehicles in order to stay, criminal behavior, arrest....WIN!
Link Posted: 12/9/2011 9:45:56 PM EDT
[#12]
N/M  RIF
Link Posted: 12/9/2011 9:47:09 PM EDT
[#13]
Road trip + tear gas

Repeat as necessary
Link Posted: 12/9/2011 9:47:52 PM EDT
[#14]
Sounds like somebody is trespassing on private property. That shit would be in the middle of the street.
Link Posted: 12/9/2011 9:48:20 PM EDT
[#15]
Quoted:
I don't know why you can't throw someone out on their ass, but apparently you can't.  Removing property would be violent removal.

Quoted:
Contact county sherriff's Dept to begin eviction proceedings. It does not require a lawyer. It will take months.

I'm guessing this is what they did.  Whatever this "court filing" is started 3-4 months ago.  Nothing's come of it.


It can be a long painful process especially if the tentant fights it. 6 months is not even a long time for this sort of thing. I know this isn't what you want to hear. I know you are left holding the bag. Your only recourse to recover back rent/expenses is probably small claims court. The way the "justice" system is set up to protect tentants means you must be very careful who you let into your home.
Link Posted: 12/9/2011 9:48:34 PM EDT
[#16]
Walk in with a couple of buddies, all of you wearing coveralls and rubber gloves and carrying shovels, trash bags and machetes, and have a heart to heart talk with him. He'll have a come to Jesus moment and leave.

Or not.
Link Posted: 12/9/2011 9:49:27 PM EDT
[#17]
"Hello, 911? Yes, I wish to report a man trespassing on my property"
Link Posted: 12/9/2011 9:49:28 PM EDT
[#18]
Quoted:

Quoted:
its her property, he's not paying, she doesn't want him there, and he won't leave.

What's stopping you from carrying all his crap out to the curb and locking the door? I fail to understand how you cannot remove him from the property.

If he was paying rent send him a letter of eviction?

Renters rights. Whether he's paying rent right now or not doesn't matter, the owner and him did have an agreement at one point so he is still technically a renter.

If the owner or owners family enters the rental and remove his stuff they can be charged with trespassing, property damage, theft... if they "kick his ass to the curb" then they can add assault to the list.


but if there was no written agreement / contract do they still have rights?
(assuming there was no contract per the OP)
Link Posted: 12/9/2011 9:49:40 PM EDT
[#19]



Quoted:


Walk in with a couple of buddies, all of you wearing coveralls and rubber gloves and carrying shovels, trash bags and machetes, and have a heart to heart talk with him. He'll have a come to Jesus moment and leave.



Or not.


Or he could shoot them all, claim self defense and likely get off.

 






Just sayin'
Link Posted: 12/9/2011 9:50:52 PM EDT
[#20]
What is to prevent you from moving in with him?

Write up a contract between you (or a friend/relative) and grandma and then just moving in with him.

I'm sure he would find himself "uncomfortable" with his new living arrangements and just decide to leave, with some encouragement.


EDIT:  Either that or rent the place as a storage place.  I'm sure you could come up with something interesting to store in the place.  
Link Posted: 12/9/2011 9:51:11 PM EDT
[#21]
Most, if not all states have provisions for emergency evictions. Perhaps your grandmothers age and health might be considered a mitigating factor. I'd consult an attorney that works in real estate law.
Link Posted: 12/9/2011 9:51:17 PM EDT
[#22]



Quoted:



Quoted:




Quoted:

its her property, he's not paying, she doesn't want him there, and he won't leave.



What's stopping you from carrying all his crap out to the curb and locking the door? I fail to understand how you cannot remove him from the property.



If he was paying rent send him a letter of eviction?


Renters rights. Whether he's paying rent right now or not doesn't matter, the owner and him did have an agreement at one point so he is still technically a renter.



If the owner or owners family enters the rental and remove his stuff they can be charged with trespassing, property damage, theft... if they "kick his ass to the curb" then they can add assault to the list.




but if there was no written agreement / contract do they still have rights?

(assuming there was no contract per the OP)


A verbal contract is still a contract.

 



If the grandmother accepted money at any time for his occupation then an agreement does exist.
Link Posted: 12/9/2011 9:52:10 PM EDT
[#23]
Quoted:

Quoted:
Walk in with a couple of buddies, all of you wearing coveralls and rubber gloves and carrying shovels, trash bags and machetes, and have a heart to heart talk with him. He'll have a come to Jesus moment and leave.

Or not.

Or he could shoot them all, claim self defense and likely get off.  


Just sayin'


I AM near San Bernardino, anyone up for an CAHTF meet up?
Link Posted: 12/9/2011 9:52:35 PM EDT
[#24]
Kalifornia law strikes again.

In Texas we could shoot him under the castle law.

"who the fuck are you?"  *blam* *blam*

actually make that...

*blam* *blam*   "who the fuck are you?"
Link Posted: 12/9/2011 9:52:39 PM EDT
[#25]


Link Posted: 12/9/2011 9:53:01 PM EDT
[#26]
You know, OP, I'm really, really sorry to hear that your elderly grandmother feels so threatened by the tenant rooming in her finished garage. Under the same roof. Who is threatening to her. Who she's threatened by. Who scares her with his aberrant behavior of late. He used to be such a nice guy, paying everything on time, but lately he seems a little off. And scary. Threatening.





If only there was some sort of legal document that she could file to attempt to establish a bit of distance between herself and a threatening person. Some sort of paperwork that might restrain such an off character from being near her home.

 
Link Posted: 12/9/2011 9:53:10 PM EDT
[#27]
I'm not a lawyer and I certainly don't condone squatting, I'd just like to see the OP handle this lawfully.



You go in there John Wayne style and you're likely to end up in jail, or worse.
Link Posted: 12/9/2011 9:54:24 PM EDT
[#28]
How about storing your pet hyena or tiger on the property?  
Link Posted: 12/9/2011 9:55:06 PM EDT
[#29]



Quoted:


Kalifornia law strikes again.



In Texas we could shoot him under the castle law.



"who the fuck are you?"  *blam* *blam*



actually make that...



*blam* *blam*   "who the fuck are you?"


Either my sarcasm meter is brokeded or you should hope like hell you're never in the OP's shoes.

 






One word- federal pound me in the ass prison.
Link Posted: 12/9/2011 9:55:41 PM EDT
[#30]
Quoted:

Quoted:
Quoted:

Quoted:
its her property, he's not paying, she doesn't want him there, and he won't leave.

What's stopping you from carrying all his crap out to the curb and locking the door? I fail to understand how you cannot remove him from the property.

If he was paying rent send him a letter of eviction?

Renters rights. Whether he's paying rent right now or not doesn't matter, the owner and him did have an agreement at one point so he is still technically a renter.

If the owner or owners family enters the rental and remove his stuff they can be charged with trespassing, property damage, theft... if they "kick his ass to the curb" then they can add assault to the list.


but if there was no written agreement / contract do they still have rights?
(assuming there was no contract per the OP)

A verbal contract is still a contract.  

If the grandmother accepted money at any time for his occupation then an agreement does exist.


It can be worse than that. You could have me over as a guest but if I can establish to the court that I formally reside at your house (say by using a piece of mail I recieved, addressed to me at your home) I could fight eviction.

This sort if case is a classic example of people not understanding the law as it exists and then getting upset when they find out the law isn't what they think it should be.


Link Posted: 12/9/2011 9:56:28 PM EDT
[#31]
Call up Rent-A-Grizzly and have them deliver directly to the garage.

I bet he'll leave then.



How about a looped tape of Justin Bieber songs at a loud volume.



You're going to have to find a way to make it "uncomfortable" for him to stay there.
Link Posted: 12/9/2011 9:56:46 PM EDT
[#32]
Sounds to me like she has a pest problem in that garage. She should call a exterminator and get him in there to spray something dangerous that sticks around for a few days. It's a shame the guy living there will have to move out for a few days because of the spraying and it would really be a shame if all the locks were changed if if tries to come back.
Link Posted: 12/9/2011 9:57:41 PM EDT
[#33]
Skunks lots of them stored in her garage.
Link Posted: 12/9/2011 10:03:35 PM EDT
[#34]
Wait until he leaves, change the locks and get a big dog.




Link Posted: 12/9/2011 10:03:38 PM EDT
[#35]
Quoted:

Quoted:
Kalifornia law strikes again.

In Texas we could shoot him under the castle law.

"who the fuck are you?"  *blam* *blam*

actually make that...

*blam* *blam*   "who the fuck are you?"

Either my sarcasm meter is brokeded or you should hope like hell you're never in the OP's shoes.  


One word- federal pound me in the ass prison.


I think that was 7 words...
Link Posted: 12/9/2011 10:04:37 PM EDT
[#36]



Quoted:


Sounds to me like she has a pest problem in that garage. She should call a exterminator and get him in there to spray something dangerous that sticks around for a few days. It's a shame the guy living there will have to move out for a few days because of the spraying and it would really be a shame if all the locks were changed if if tries to come back.


Ok, you want to see his grandmother charged with attempted murder?

 





Link Posted: 12/9/2011 10:06:16 PM EDT
[#37]
Quoted:

Quoted:
Sounds to me like she has a pest problem in that garage. She should call a exterminator and get him in there to spray something dangerous that sticks around for a few days. It's a shame the guy living there will have to move out for a few days because of the spraying and it would really be a shame if all the locks were changed if if tries to come back.

Ok, you want to see his grandmother charged with attempted murder?  




Ah, he makes in VERY clear the guy would have to leave while the garage is sprayed.
Link Posted: 12/9/2011 10:09:43 PM EDT
[#38]
is there a contract?





no?





"hello, this person is trespassing"

 
Link Posted: 12/9/2011 10:12:35 PM EDT
[#39]
Quoted:

Quoted:
Sounds to me like she has a pest problem in that garage. She should call a exterminator and get him in there to spray something dangerous that sticks around for a few days. It's a shame the guy living there will have to move out for a few days because of the spraying and it would really be a shame if all the locks were changed if if tries to come back.

Ok, you want to see his grandmother charged with attempted murder?  




Why, I didn't say to do it while he was in there? Rentals get sprayed all the time, the property owner has every right to spray for pests.
Link Posted: 12/9/2011 10:13:55 PM EDT
[#40]



Quoted:



Quoted:




Quoted:

Sounds to me like she has a pest problem in that garage. She should call a exterminator and get him in there to spray something dangerous that sticks around for a few days. It's a shame the guy living there will have to move out for a few days because of the spraying and it would really be a shame if all the locks were changed if if tries to come back.


Ok, you want to see his grandmother charged with attempted murder?  









Ah, he makes in VERY clear the guy would have to leave while the garage is sprayed.



Well, either she lets him back in after or he has a legitimate reason to contact the police. They will tell her to allow him access or face arrest.
Link Posted: 12/9/2011 10:15:19 PM EDT
[#41]
Accidental localized wildfire?
Link Posted: 12/9/2011 10:18:18 PM EDT
[#42]



Quoted:



Quoted:




Quoted:

Kalifornia law strikes again.



In Texas we could shoot him under the castle law.



"who the fuck are you?"  *blam* *blam*



actually make that...



*blam* *blam*   "who the fuck are you?"


Either my sarcasm meter is brokeded or you should hope like hell you're never in the OP's shoes.  






One word- federal pound me in the ass prison.




I think that was 7 words...


Well here's another word-

 



I haven't a clue how a squatter in Oregon equates to "Kalifornia" law striking again , but here we have Castle Law too, and it sure as hell doesn't mean what warpiper thinks it means.




Meet Bubba, he likes long walks in the yard and cuddling after lights out.
Link Posted: 12/9/2011 10:19:00 PM EDT
[#43]
Quoted:

Quoted:
Quoted:

Quoted:
Sounds to me like she has a pest problem in that garage. She should call a exterminator and get him in there to spray something dangerous that sticks around for a few days. It's a shame the guy living there will have to move out for a few days because of the spraying and it would really be a shame if all the locks were changed if if tries to come back.

Ok, you want to see his grandmother charged with attempted murder?  




Ah, he makes in VERY clear the guy would have to leave while the garage is sprayed.

Well, either she lets him back in after or he has a legitimate reason to contact the police. They will tell her to allow him access or face arrest.


The guy will likely move on to the next easy target if she makes things bad enough for him in every legal way possible.
Link Posted: 12/9/2011 10:19:00 PM EDT
[#44]
Quoted:
Contact county sherriff's Dept to begin eviction proceedings. It does not require a lawyer. It will take months.


This right here.

Sucks.
Link Posted: 12/9/2011 10:19:38 PM EDT
[#45]
Link Posted: 12/9/2011 10:19:55 PM EDT
[#46]
Local media will be at your grandmother's place 10 sec. after you hang up the phone. Call 'em.
Link Posted: 12/9/2011 10:20:18 PM EDT
[#47]
Quoted:
SSS


First reply. This place is absolutely brilliant!
Link Posted: 12/9/2011 10:23:32 PM EDT
[#48]



Quoted:





Quoted:


Quoted:




Quoted:

Kalifornia law strikes again.



In Texas we could shoot him under the castle law.



"who the fuck are you?"  *blam* *blam*



actually make that...



*blam* *blam*   "who the fuck are you?"


Either my sarcasm meter is brokeded or you should hope like hell you're never in the OP's shoes.  






One word- federal pound me in the ass prison.




I think that was 7 words...


Well here's another word-  



I haven't a clue how a squatter in Oregon equates to "Kalifornia" law striking again , but here we have Castle Law too, and it sure as hell doesn't mean what warpiper thinks it means.




Meet Bubba, he likes long walks in the yard and cuddling after lights out.
Because the squatter is in California. Not Oregon. RIF.





 
Link Posted: 12/9/2011 10:23:36 PM EDT
[#49]
Is the garage a legal habitable structure?
Link Posted: 12/9/2011 10:23:46 PM EDT
[#50]
What? The guy has made threats on your life, the life of any law enforcement officers who confront him and the local magistrate? You better call somebody and report it.



Edit: Dont do this!
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