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Question for attorneys or other knowledgeable people regarding squatters
Posted on 3/31/24 at 1:34 pm
Posted on 3/31/24 at 1:34 pm
Could you avoid squatters taking over your place by having a valid tenant agreement in place with someone?
Point being that the law seems to make someone who squats a tenant if they are there for certain amount of time but does that superseded an agreement already in place?
Seems like if you had a vacant property you could just sign a lease with a friend or family member as way to protect your property. If squatters try and claim they are a tenant just pull out your previously executed lease and say, frick off. I’d assume the older of the leases would be the more valid one.
Point being that the law seems to make someone who squats a tenant if they are there for certain amount of time but does that superseded an agreement already in place?
Seems like if you had a vacant property you could just sign a lease with a friend or family member as way to protect your property. If squatters try and claim they are a tenant just pull out your previously executed lease and say, frick off. I’d assume the older of the leases would be the more valid one.
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Posted on 3/31/24 at 1:37 pm to Robin Masters
Look at me.
This is my house now.
This is my house now.
Posted on 3/31/24 at 1:38 pm to Robin Masters
It's still going to be a question requiring litigation and a court deciding, creating a judgment determining rights that the police can follow.
The thing with squatters are they will rely on fraud, and this requires a burden of proof to overcome.
The thing with squatters are they will rely on fraud, and this requires a burden of proof to overcome.
Posted on 3/31/24 at 1:39 pm to Robin Masters
Laws are different everywhere.
Squatters can have some legal protections in New York in as little as 30 days.
Some places will throw squatters out in about 15 minutes.
All depends.
I'm not an attorney.
Squatters can have some legal protections in New York in as little as 30 days.
Some places will throw squatters out in about 15 minutes.
All depends.
I'm not an attorney.
Posted on 3/31/24 at 1:39 pm to beerJeep
quote:
Look at me. This is my house now.
It’s absurd but that is the reality is some states.
Posted on 3/31/24 at 1:39 pm to Robin Masters
You could avoid them by going into your house with a firearm and kicking them out. There is no proof they are residing there.
Posted on 3/31/24 at 1:40 pm to Tiger985
quote:
Squatters can have some legal protections in New York in as little as 30 days.
Some places will throw squatters out in about 15 minutes.
If the squatter is willing to lie and claim they have a lease, it makes it difficult no matter the state
Posted on 3/31/24 at 1:41 pm to saintsfan1977
quote:
You could avoid them by going into your house with a firearm and kicking them out.
Legal advice: do not do this. You could be arrested on some serious felonies considered crimes of violence.
Posted on 3/31/24 at 1:42 pm to SlowFlowPro
quote:
t's still going to be a question requiring litigation and a court deciding, creating a judgment determining rights that the police can follow. The thing with squatters are they will rely on fraud, and this requires a burden of proof to overcome.
I guess that is my thought. If you already have an agreement with someone that supersedes the fake one the squatters present that should give the sheriff enough proof to evict the squatters.
I mean, it can’t hurt right?
My mom has a cottage on Lake Michigan that doesn’t get used much which is why I’m asking.
Posted on 3/31/24 at 1:43 pm to Robin Masters
Does this actually happen here in Louisiana? When I read about this, it's always in one of the deep blue states.
Posted on 3/31/24 at 1:43 pm to Robin Masters
quote:
If you already have an agreement with someone that supersedes the fake one
How do you determine this?
2 different leases are presented to the LEO who is called.
Are you going to leave this up to LEO?
Posted on 3/31/24 at 1:45 pm to SlowFlowPro
quote:
How do you determine this? 2 different leases are presented to the LEO who is called. Are you going to leave this up to LEO?
Dates?
Whiteness by a notary?
Owner and tenant both have a copy of the same lease? Owner does not have a copy of the squatters lease?
Owner confirms one tenant is the legal tenant and not the other?
This post was edited on 3/31/24 at 1:47 pm
Posted on 3/31/24 at 1:45 pm to SlowFlowPro
quote:
the squatter is willing to lie and claim they have a lease, it makes it difficult
Seems pretty cut and dry if they can’t produce a lease?
Posted on 3/31/24 at 1:47 pm to SlowFlowPro
quote:
requires a burden of proof
Might have to name my next AR build “burden of proof”
Posted on 3/31/24 at 1:48 pm to Robin Masters
just let Higgins take care of your place
Posted on 3/31/24 at 1:48 pm to andwesway
quote:
Does this actually happen here in Louisiana?
I think we've had some stories over the years from New Orleans
It's primarily an urban thing, b/c they have so many renters, you often end up with some tenant protection laws. Then squatters exploited those laws.
Now they're more sophisticated and claim they have a lease
Posted on 3/31/24 at 1:49 pm to Robin Masters
quote:
Dates?
Whiteness by a notary?
Owner and tenant both have a copy of the same lease? Owner does not have a copy of the squatters lease?
Owner confirms one tenant is the legal tenant and not the other?
Sounds like you need some discovery.
Posted on 3/31/24 at 1:49 pm to TigerintheNO
quote:
just let Higgins take care of your place
He keeps letting his mustachioed boy toy drive my Ferrari.
Posted on 3/31/24 at 1:50 pm to TackySweater
quote:
Seems pretty cut and dry if they can’t produce a lease?
What would yo do if a random LEO came to your door and demanded to see a copy of your mortgage/lease?
Posted on 3/31/24 at 1:50 pm to Robin Masters
Tell you how you deal with it.
Get one other decent sized buddy, walk in your own frickin house, grab them by one arm, grab the trash bag with the other, and throw them into the street.
Get one other decent sized buddy, walk in your own frickin house, grab them by one arm, grab the trash bag with the other, and throw them into the street.
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