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Squatters

rjs330

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I haven't seen many threads in this type of thing, maybe because people don't really care. But we have homeowners who own property, and leave it vacant for whatever reason, trying to sell it or rent it. And then they get some homeless person who gets into the house and then starts living in it. Sometimes bringing in more people. The owner finds out and then wants them removed only to find out they can't.

What!? It's their property and this person has no right to be there. That's called trespassing. We have states that refuse to prosecute this kind of idiocy. And if the homeowner tries to remove them they can be charged with a crime. This is insanity.

 

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I haven't seen many threads in this type of thing, maybe because people don't really care. But we have homeowners who own property, and leave it vacant for whatever reason, trying to sell it or rent it. And then they get some homeless person who gets into the house and then starts living in it. Sometimes bringing in more people. The owner finds out and then wants them removed only to find out they can't.

What!? It's their property and this person has no right to be there. That's called trespassing. We have states that refuse to prosecute this kind of idiocy. And if the homeowner tries to remove them they can be charged with a crime. This is insanity.

Remember the old saw “possession is 9/10’s of the law”?
This is that.
 
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rambot

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Your friends were also living in a house right? This was their second empty house? How long was it empty for? And how long were they there?

Squatter's rights is a tough thing but I don't have enough money to buy second property so I'm not really too bothered by it but I can understand why it would be frustrating.
 
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RocksInMyHead

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I haven't seen many threads in this type of thing, maybe because people don't really care. But we have homeowners who own property, and leave it vacant for whatever reason, trying to sell it or rent it. And then they get some homeless person who gets into the house and then starts living in it. Sometimes bringing in more people. The owner finds out and then wants them removed only to find out they can't.

What!? It's their property and this person has no right to be there. That's called trespassing. We have states that refuse to prosecute this kind of idiocy. And if the homeowner tries to remove them they can be charged with a crime. This is insanity.

It's a difficult situation, and something that's tough to legislate. It sounds as though this guy has some documents that show him as having a lease agreement with the homeowner. Perhaps they're forged, perhaps they're genuine - that's a question for the courts to determine. In the meantime, if he's lived there long enough to qualify for tenant's rights - which have to be broad to protect legitimate tenants who may not have a formal lease - she has to go through the eviction process to remove him.

The moral of the story is that if you have to leave your property vacant for more than a couple weeks, you should arrange for someone to check on it every week or two. Typically, it takes at least a month of residency before tenant's rights are established (absent a lease).
 
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rjs330

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It's a difficult situation, and something that's tough to legislate. It sounds as though this guy has some documents that show him as having a lease agreement with the homeowner. Perhaps they're forged, perhaps they're genuine - that's a question for the courts to determine. In the meantime, if he's lived there long enough to qualify for tenant's rights - which have to be broad to protect legitimate tenants who may not have a formal lease - she has to go through the eviction process to remove him.

The moral of the story is that if you have to leave your property vacant for more than a couple weeks, you should arrange for someone to check on it every week or two. Typically, it takes at least a month of residency before tenant's rights are established (absent a lease).
The guy did not have a lease from the homeowner. That's not too difficult to prove. Where's your lease? Show it to us. Oh the owner isn't the person in the lease. Then your out right now or you will be arrested for trespassing. You'll have to go sue the guy who gave you a fake lease.

The homeowner should not have to fork out any money on this. You don't have a lease from the owner? Then you are out. This isn't that hard or complicated.

It's been legislated for ever. It wasn't until leftist governments started getting involved that owners were getting hosed over.
 
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rjs330

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Your friends were also living in a house right? This was their second empty house? How long was it empty for? And how long were they there?

Squatter's rights is a tough thing but I don't have enough money to buy second property so I'm not really too bothered by it but I can understand why it would be frustrating.
Squatters should have no rights if the property isn't theirs unless they have a signed lease from the owner. If they have violated the lease and are squatting then the owner should have to go through eviction because there was a lease and they have to prove the person violated it.

But without one? Then the squatter should have zero rights to the property. They do t own it.
 
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rambot

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The guy did not have a lease from the homeowner. That's not too difficult to prove. Where's your lease? Show it to us. Oh the owner isn't the person in the lease. Then your out right now or you will be arrested for trespassing. You'll have to go sue the guy who gave you a fake lease.

The homeowner should not have to fork out any money on this. You don't have a lease from the owner? Then you are out. This isn't that hard or complicated.

It's been legislated for ever. It wasn't until leftist governments started getting involved that owners were getting hosed over.
I could be wrong but Squatters rights have been around for centuries....1400ish

Blaming this on the left just kinda discredits your position
 
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RocksInMyHead

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The guy did not have a lease from the homeowner. That's not too difficult to prove.
Seems to be in this case.
Where's your lease? Show it to us. Oh the owner isn't the person in the lease.
Apparently the owner is named on the lease. In most places, it's extremely easy to find the name of a property owner. The only thing that doesn't line up, according to the owner, is that the phone number listed for her on the lease is old.

Also, technically, this guy isn't a squatter. Squatting implies an intent to claim the property as yours. He's just claiming that he has a lease.
 
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Maria Billingsley

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I haven't seen many threads in this type of thing, maybe because people don't really care. But we have homeowners who own property, and leave it vacant for whatever reason, trying to sell it or rent it. And then they get some homeless person who gets into the house and then starts living in it. Sometimes bringing in more people. The owner finds out and then wants them removed only to find out they can't.

What!? It's their property and this person has no right to be there. That's called trespassing. We have states that refuse to prosecute this kind of idiocy. And if the homeowner tries to remove them they can be charged with a crime. This is insanity.

It's fraud not squatting. Two different things. The fraudulent tenant claims he paid her $19,000.00 and produced a lease. She is either lying or he is committing fraud, identity theft, trespassing etc. Seems she could produce proof that he is lying? She needs to squat at the police station until they do something. What a nightmare.
 
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durangodawood

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I could be wrong but Squatters rights have been around for centuries....1400ish

Blaming this on the left just kinda discredits your position
Yeah this is just a misplaced shot at contemporary politics.
 
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Maria Billingsley

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Law Enforcement will not get involved, this becomes a Civil matter and has to go through that process, that is what takes so much time and money.
I understand but this is fraud. Last I heard this is a criminal offence. He forged the lease. I'm sure it's not the first time and he already has a file.
 
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rjs330

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Law Enforcement will not get involved, this becomes a Civil matter and has to go through that process, that is what takes so much time and money.
They most likely won't get involved due to one of three things.

1. The state laws allow people to do this.
2. Some idiot judge decided it was okay to do this
3. A left wing prosecutor refuses to prosecute people for doing this despite what the law says.

If any of these things are true then LE wont get involved.

If any of these things is true then it's a travesty of justice and property rights.
 
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rjs330

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I looked up some Georgia information in this. And it appears that LE is not doing their job. This person is breaking the law, plain and simple. In Georgia you have to make an adverse property claim to claim you have a right to be there in these circumstances.

Presenting false documents is a crime in itself.

You have to live there for at least 20 years to make a claim. Anything else is trespassing.

I have a suspicion that either the cops have no idea what they are talking about, don't want to be bothered with it or have a prosecutor who is unwilling to prosecute for it.

If I was this lady I would print out the laws take them down to the police station and hound them until they do something about it.

 
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Wings like Eagles

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They most likely won't get involved due to one of three things.

1. The state laws allow people to do this.
2. Some idiot judge decided it was okay to do this
3. A left wing prosecutor refuses to prosecute people for doing this despite what the law says.

If any of these things are true then LE wont get involved.

If any of these things is true then it's a travesty of justice and property rights.
I'll take #3 for 200 please.
 
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RocksInMyHead

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Presenting false documents is a crime in itself.
It is, but they have to be proven false before he can be trespassed. If my landlord could have me evicted simply by telling the cops that the lease I showed them was fake, that would not be good.
 
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RocksInMyHead

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I looked up some Georgia information in this. And it appears that LE is not doing their job. This person is breaking the law, plain and simple. In Georgia you have to make an adverse property claim to claim you have a right to be there in these circumstances.
Maybe he's breaking the law. Or maybe the owner is lying and he does have a valid lease. LE must first establish that he is not a valid tenant before he can be trespassed. That can take time, especially if he has done a good job of falsifying the lease, so the reality is that the eviction process may be the quickest way to get him out.
 
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dogs4thewin

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Law Enforcement will not get involved, this becomes a Civil matter and has to go through that process, that is what takes so much time and money.
They may get involved if it becomes a matter of trespass. If the owner comes checking on the property catches the squatter there asks them to leave and they refuse then law enforcement can get involved and depending on how far the owner wanted to push the issue they could be arrested and depending on the local DAS charged with a crime (granted a very low level one. However, in some states the crime could actually become a felony if they kept coming to the same property and squatting or sometimes even on different properties with different owners.
 
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