Managing a Squatter and Evicting a Tenant: Lessons from Two Real-Life Cases
Dealing with squatters and problem tenants can be a challenging experience for property owners. Whether you own a historic home or a modern condo, understanding the legal implications and steps to take can help you maintain your property and its value. In this article, we'll explore two real-life scenarios that highlight the challenges and solutions to these issues.
Case Study 1: Evicting a Long-Term Squatter
I owned a small house for about fifty years in another state. During that time, the house did not have indoor plumbing, no electricity, and lacked modern conveniences such as indoor refrigeration and toilet. It was visited occasionally, and the property taxes were paid annually. For a while, an old man took up residence in the house, which he used rent-free. He took care of the furniture and mowed the lawn, which was understandable.
However, there was a limit to the length of time one could occupy the property without facing legal issues. In California, adverse possession requires five years of continuous and open use. If someone stays for longer, they might legally claim ownership of the property. Given that the old man stayed for only three years before passing away, I didn't face this risk.
The key takeaway from this case is the importance of monitoring the occupants and understanding the laws of adverse possession in your state.
Case Study 2: Evicting a Problem Tenant
Several years ago, my wife's son Andy rented out a spare room in our condo to a tenant. The arrangement worked well for both parties—the tenant paid rent, and we never got involved. However, the relationship soured when a problematic tenant moved in.
The tenant was known to be a former drug user with a history of eviction. He caused significant damage to the bathroom, including removing large portions of the vinyl tile and ripping up the cove base. He also had no respect for the decor, as he kicked holes into the drywall. The room was in a complete state of disarray, with drug paraphernalia lying around. The tenant had also changed the deadbolt on the door, making it impossible for us to enter without a key.
When approached about the damage, the tenant admitted he hadn't paid rent in about four months and wouldn't answer the door. To avoid going through the full eviction process, which would cost time and money, we decided to make the tenant think we were going to evict him. We taped eviction notices to the outside of the apartment, to his bike, and waited. After three days, the tenant disappeared. His belongings and drugs were gone, and he never returned.
We chose a professional junk removal service to clear the room. They came and removed everything for us for a fee of $850. We were able to keep his tools and some personal items, which turned out to be useful. The process of dealing with a problematic tenant can be complex, but sometimes subtlety and strategic decisions can resolve the issue without legal intervention.
Conclusion
Whether you're dealing with a squatter or a problem tenant, understanding the legal implications and knowing your rights is crucial. In California, adverse possession laws can impact how long one can occupy a property, but in other states, these laws may differ. Our experiences highlight the importance of being proactive in dealing with potential issues and understanding local regulations. By taking the necessary steps, you can protect your property and maintain its value.