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re: Question for attorneys or other knowledgeable people regarding squatters

Posted on 3/31/24 at 3:01 pm to
Posted by Spoonbilla
Member since Aug 2022
787 posts
Posted on 3/31/24 at 3:01 pm to
It's like these homeowners have never seen the movie Rio Bravo.
Posted by Cracker
in a box
Member since Nov 2009
17730 posts
Posted on 3/31/24 at 3:02 pm to
If the squatters can’t identify the assailants what kind a case do you have I suggest doing it around 4 am
Posted by McLemore
Member since Dec 2003
31532 posts
Posted on 3/31/24 at 3:09 pm to
quote:

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.


Record the lease in the RE records too, so you have a time-stamp.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25796 posts
Posted on 3/31/24 at 3:25 pm to
quote:

My mom has a cottage on Lake Michigan that doesn’t get used much which is why I’m asking.


Secure all the windows and doors. Pay for a quality security system, preferably monitored and with exterior cameras that are cloud-based. The key is being able to react immediately to the initial break-in and showing it was a break-in. The timely response of the police will not give them time to fix the evidence of the break-in and replace the locks on the doors. The exterior cameras should be able to prove the break-in as well. If there is clear evidence of a break-in it will go a long way in most jurisdictions to avoiding it ever becoming a landlord-tenant issue. These are merely basic tips and their effectiveness would be heavily impacted by jurisdictional laws.
Posted by saintsfan1977
West Monroe, from Cajun country
Member since Jun 2010
7768 posts
Posted on 3/31/24 at 3:50 pm to
quote:

It's illegal to point a gun at someone and threaten to shoot them and make them do something. Could be considered aggravated kidnapping if not agg assault with a firearm.


He said, she said

quote:

Now you're up to possibly 2nd degree murder.


Lmao. Not when their fingerprints are all over a another one of my guns or even a knife.

Case closed, no more squatter.
Posted by LunkerDawg
Member since Aug 2013
147 posts
Posted on 3/31/24 at 3:57 pm to
Exactly. That’s how a squatter should be handled. Let the Wooley Swamp take care of the trash.
Posted by LRB1967
Tennessee
Member since Dec 2020
15790 posts
Posted on 3/31/24 at 4:02 pm to
As other posters have mentioned, it all depends on your location. In my area, the local sheriff will throw the squatters out like a shitty diaper. In leftist areas it might take years to get rid of them no matter what kind of agreement you have in place.
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1961 posts
Posted on 3/31/24 at 4:17 pm to
How would a lease supersede a squatter if a deed doesn’t. That makes little sense. The hired squatter roommate would work.

Also, they often have proof they live there by utilities or mail in their name.
Posted by tadman
Member since Jun 2020
3842 posts
Posted on 3/31/24 at 4:31 pm to
quote:

My mom has a cottage on Lake Michigan that doesn’t get used much which is why I’m asking.


Squatting is very jurisdiction-specific. In Alabama, for example, the laws don't look to favorably on squatters. In Chicago, which does have frontage on Lake Michigan, the laws are very pro-squatters. If I were you, I'd look up which state you are in (IL, IN, MI, or WI) and their squatter laws. I assume Indiana is pretty anti-squatter although some local juridictions in NW Indiana are lefty and may surprise you. Michigan and Wisconsin are probably middle of the road on this issue.

Look it up. State, city, county.
Posted by Robin Masters
Birmingham
Member since Jul 2010
29962 posts
Posted on 3/31/24 at 4:58 pm to
quote:

Secure all the windows and doors. Pay for a quality security system, preferably monitored and with exterior cameras that are cloud-based. The key is being able to react immediately to the initial break-in and showing it was a break-in. The timely response of the police will not give them time to fix the evidence of the break-in and replace the locks on the doors. The exterior cameras should be able to prove the break-in as well. If there is clear evidence of a break-in it will go a long way in most jurisdictions to avoiding it ever becoming a landlord-tenant issue. These are merely basic tips and their effectiveness would be heavily impacted by jurisdictional laws.


Good ideas. Thanks!
Posted by blueboxer1119
Baton Rouge
Member since May 2013
8032 posts
Posted on 3/31/24 at 5:08 pm to
Install front door backwards so hinges are on the outside.

Just remove the door if someone doesn’t pay rent or the place is taken over by squatters.

See how long they last with no door.
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 3/31/24 at 5:10 pm to
quote:

SlowFlowPro


Is the last person I would listen to regarding legal advice.

Or any advice at all


My suggestion for the OP is to ask a real lawyer
Posted by Jim Rockford
Member since May 2011
98277 posts
Posted on 3/31/24 at 5:15 pm to
quote:

Also, they often have proof they live there by utilities or mail in their name.


In my municipality they won't put utilities in your name without a deed recorded with the clerk of court or a notarized rental agreement. You may be able to phony up a lease but getting someone to notarize it is a different pot of crawfish.
Posted by Boston911
Lafayette
Member since Dec 2013
1966 posts
Posted on 3/31/24 at 5:22 pm to
Find a Bandido, give him $500, no more squatter problem
Posted by Klondikekajun
Member since Jun 2020
1287 posts
Posted on 3/31/24 at 5:34 pm to
quote:

Also, they often have proof they live there by utilities or mail in their name


They often also have a fake lease which is presented to police, then it becomes a “civil matter” and they stay out of it.

The more sophisticated squatters get a DL with the address then it gets tougher.
Many courts are extremely tenant friendly and will continually delay eviction and will come down hard on the “landlord” for harassment and discrimination.

It’s ABSOLUTELY BULLS%#T but in many areas, it can be a nightmare.
Posted by LSUBFA83
Member since May 2012
3361 posts
Posted on 3/31/24 at 5:47 pm to
quote:

Find a Bandido, give him $500, no more squatter problem


But then you gotta get the Bandido out.
Posted by saintsfan1977
West Monroe, from Cajun country
Member since Jun 2010
7768 posts
Posted on 3/31/24 at 5:50 pm to
quote:


They often also have a fake lease which is presented to police, then it becomes a “civil matter” and they stay out of it.

The more sophisticated squatters get a DL with the address then it gets tougher.
Many courts are extremely tenant friendly and will continually delay eviction and will come down hard on the “landlord” for harassment and discrimination.

It’s ABSOLUTELY BULLS%#T but in many areas, it can be a nightmare.


I'd get sophisticated too. I would become a squatters worst nightmare.
Posted by Jim Rockford
Member since May 2011
98277 posts
Posted on 3/31/24 at 6:34 pm to
quote:

Find a Bandido, give him $500, no more squatter problem


But then you have a Bandido problem.
Posted by Morpheus
In your Dreams
Member since Apr 2022
4220 posts
Posted on 3/31/24 at 6:43 pm to
I’ll tell you what, when you think like that you will be arrested.
Fact is it’s your word vs theirs and someone being in your house illegally and you find them chances are they swing at your first.
Wink
Posted by TackySweater
Member since Dec 2020
12013 posts
Posted on 3/31/24 at 7:11 pm to
quote:

What would yo do if a random LEO came to your door and demanded to see a copy of your mortgage/lease?

Do they need some sort of warrant that compels me to show this document?
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