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12-24-2020 11:01 AM - edited 02-01-2021 12:23 PM
OK, I admit. I love the word caper.
LOOOONG story short.
Friends of ours did a very stupid thing and rented out their old house when they moved to their new home.
Now there is a huge mess, renters are not paying and of course due to COVID you can not evict non-paying renters. So 7 months of no rent. The lease has expired but the renters will not move.
So for the caper:
The plan, when the squatters leave the house (to go to work or whatever) our friends are moving back in. They are literally going to move back in and take over the house they own.
They have a plan and a team at the ready. Move-in, change the locks, remove the renters/squatters' belongings.
When the squatters return our friends are going to claim ignorance
"Who are you? We own this home. We have proof, we pay the mortgage, insurance, and taxes who are you?"
Our friends are going to tell the squatters to take them to court and see if they can get them (the owners) evicted.
Our friends are tired of being the ones to bear all the expenses and are going to reverse the roles.
We figure this will either work and they will be successful or end in a disaster but what do they have to lose?
12-24-2020 11:07 AM - edited 12-24-2020 11:11 AM
I don't thank that's a wise move. I'm sure it's illegal to remove belongings from the home. I believe only a sheriff can legally remove items after an eviction notice has been given.
They have a lot to lose be doing that. I'd be worried about retaliation from the people.
They'd be making a bad situation worse.
12-24-2020 11:07 AM
It's always best to follow the law when evicting squaters.
Your friends need to hire an attorney that deals with this sort of stuff.
Your friends can find themselves on the wrong end of a lawsuit, that could cost them a lot of money.
They are making another bad decision on this "caper".
12-24-2020 11:09 AM
@Abrowneyegirl This so-called "caper' is highly illegal at this time. This isn't the least bit funny IMO.
They'd better talk to a lawyer before they do this.
12-24-2020 11:10 AM
Oh boy, that's one fine mess. I also wish they'd consult wth a lawyer before this undertaking.
12-24-2020 11:11 AM
I agree, very dumb move, IMO
What do they have to lose? Possibly their freedom by breaking laws AND their house to lawsuits.
12-24-2020 11:13 AM
@KingstonsMom wrote:
I agree, very dumb move, IMO
What do they have to lose? Possibly their freedom by breaking laws AND their house to lawsuits.
@KingstonsMom Exactly.
I'd be upset if I was a landlord and not getting paid. You have to follow the law in these situations. You'll be dealing with a lot of legal fees. Ethically, I'm not sure I could just throw people out on the street like that either. But that's another conversation...
12-24-2020 11:14 AM
@Bri369 wrote:I don't thank that's a wise move. I'm sure it's illegal to remove belongings from the home.
They have a lot to lose be doing that.
Correct.
I have watched enough The People's Court to know that an offer has to be made in writting to the the other party to come and get their stuff, or else it will be tossed.
For example, a letter must be sent, preferably by certified mail that says, "Dear Luke, you have 30 days to come claim your stuff. If you haven't taken possession of your stuff, it will be out in the garbage."
You cannot just leave it out in the elements.
The other person could she you for the depreciated value of the stuff.
12-24-2020 11:14 AM
@Abrowneyegirl Your friends are breaking the law. With the covid situation, they not only cannot evict, but moving back into the house is probably considered the same thing. They need to see a lawyer. If their renters are actually working and collecting a paycheck, then there probably are grounds to evict and the lawyer can begin the proceedings. Otherwise, your friends may find their new home in the county jail.
12-24-2020 11:14 AM
@Love my grandkids wrote:@Abrowneyegirl This so-called "caper' is highly illegal at this time. This isn't the least bit funny IMO.
They'd better talk to a lawyer before they do this.
They have lawyers in the family who basically said "2 wrongs don't make a right and do not involve me. "
Which is more illegal: not paying rent or utilities for 7 months while living somewhere or taking back your property. They are both in the wrong.
When the squatters started driving a new European SUV that's when my friends lost it I think.
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