Forums > Off-Topic Discussion > A Landlord's Dilemma

Photographer

Lohkee

Posts: 14028

Maricopa, Arizona, US

Looknsee Photography wrote:
In short -- you should never have to deal with a long term squatter.

I agree. Problem is that a very common scam in CA is to commandeer a foreclosed property, advertise it for rent on someplace like Craig's List, and collect the rent for as long as you can. The "squatters" in that (very common) scenario, are just as much a victim as whomever owns the property. They are also ghosts virtually impossible for LEO to track down.

Mar 20 15 09:51 am Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Lohkee wrote:
It's complicated. CA law is heavily weighted against the landlord. In the case of trespassers, it can get downright bizarre real fast. For example, if an empty property is not properly posted "no trespassing" the squatters can claim they are in legal possession of said property. As I've already mentioned, the cops can go by and ask to see the lease. Squatters say they can't find it. It now becomes a civil "he said - she said" issue and that can get very expensive fast. Understandable in a way.

This is the part I cannot get my head around, it just baffles my mind.  It is not "he said - she said" at all.  You own the property and can prove it with documents...they cannot show documents to prove they have leased it from you.  It does not matter what they say, the property owner says they have no permission of any kind to be there, they are trespassing.

Lohkee wrote:
The police can't arrest someone who has not committed a crime. Enter the lawyers (and their fees) and your lifeblood being sucked out of you.

Trespassing is a crime.

Lohkee wrote:
Ironically, the larger cost is often when they strip and trash the property on the way out (which they did). Yeah, you can (and this is assuming you can even find them), have them served, take them to court, and get a judgement for the repairs. Collecting is a whole different ballgame. You can't get blood out of a stone (or a scumbag) that has no blood to give.

Not that it really matters. They stripped both houses to the bone on the way out. I was still screwed and lost the house.

That is just f@#&ed up beyond all comprehension.  Just continues to confirm how screwed up California is and how in danger our way of life is here in Texas as the Californians continue to invade us here.  Ugh.

Mar 20 15 10:10 am Link

Artist/Painter

Hunter GWPB

Posts: 8179

King of Prussia, Pennsylvania, US

ernst tischler wrote:
That is just f@#&ed up beyond all comprehension.  Just continues to confirm how screwed up California is and how in danger our way of life is here in Texas as the Californians continue to invade us here.  Ugh.

Have you considered that the type of people fleeing California, are the ones that don't agree with what has happened in California, and may be inclined to agree with the social fabric in Texas? 
edit:
(Which is starting to sound like Texans are intolerant and unaccepting.)

Mar 20 15 10:32 am Link

Photographer

Lohkee

Posts: 14028

Maricopa, Arizona, US

ernst tischler wrote:
This is the part I cannot get my head around, it just baffles my mind.  It is not "he said - she said" at all.  You own the property and can prove it with documents...they cannot show documents to prove they have leased it from you.  It does not matter what they say, the property owner says they have no permission of any kind to be there, they are trespassing.

O.K. I'll try one last time (no reflection on you or the discussion at all - just a chapter that I've closed and would prefer not to dwell on - actually I'd rather forget about it altogether but can't seem to find the "Men in Black" with their light thingy).

Yes, Ernst, it is. And here is why. Sure, I can prove I own the property. I can claim that the squatters are, well, squatters. How do I prove that (at the street-level)? Not gonna happen. All the squatters have to do is say I'm trying to illegally evict them by circumventing the law via claiming that I don't know who they are. The police are caught between a rock and a hard place. High-ho, high-ho, it's off to the courts we go. . . . .

I came to America about 40 years ago and fell in love with CA. There is a certain "magic" about the place, the people, and the energy. Cruising Colorado Blvd in Pasadena, or Averaldo Blvd in Monterrey, during those wonderful balmy summer nights in an old 64 1/2 'Stang - sipping on a beer (yeah, I know that's no longer cool), and checking out the chicks with their skimpy outfits and perky boobs - Huh, reminds me of a song (well several actually).

There's a reason I finally abandoned CA. . . . . . . . .

It ain't the CA that I came half way around the world to be a part of no more. Oh well.

Hit the road Jack . . . . . . . .

I do strongly recommend TX (Chuckles - AZ is no good - no, really, it sucks - TRUST ME - TX is a far better place to go) for those sick and tired of BS. tongue

Mar 20 15 11:01 am Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Hunter  GWPB wrote:
Have you considered that the type of people fleeing California, are the ones that don't agree with what has happened in California, and may be inclined to agree with the social fabric in Texas? 
edit:
(Which is starting to sound like Texans are intolerant and unaccepting.)

Texans are a very tolerant and accepting people.  Texas was founded on fair principles and individual rights. 

Those who move here, from all places, make the choice to move here because they believe their lives can be better here.  I fully agree with that, there is no other place I would rather live.  There is lots or room here, anyone is welcome.

The problem arises when those who flee other states, after they get here, they begin to expect Texas to change into the place they left behind.  I have a longtime neighbor who moved here from Ohio many years ago.  He would always complain, "Back in Ohio, we did..."  One day I asked him, "Why did you leave Ohio and come to Texas?"  He cited a number of reasons why, including a better economy, lower taxes and better quality of life.  My next questions was, "So if you left Ohio because things would be better for you in Texas, why do you always seem to want Texas to become like Ohio?"  He said he never thought of it that way before.

There have been a number of instances here locally that have turned me off to the Californians who have moved here. 

The crazy PETA lady who continued to call the Sheriff and complain that we were starving and abusing a horse when it had already been proved to the Sheriff that we had rescued the horse and were nursing it back to health under the supervision of a veterinarian. 

The guy who purchased property across the road from me that had deed restrictions and then petitioned the county to adopt a resolution to place those restrictions on all property adjacent to his that have no deed restrictions. 

The new neighbor who asked me why my "retention pond" was not "properly fenced" to keep his dog from swimming in it.  Umm, it is a stock pond and my entire property is fenced for cattle.  You have to fence your pond for safety, he insisted. 

In all three cases, at some point in the discussions, the phrase "in California" was used by the former golden state resident as part of making their case for whatever they wanted us to change for them.

Now in this thread I learn that in California someone can move into your house while you are away and when you report it to police, they won't arrest them for trespassing.  WTF?  You say Texans sound "intolerant and unaccepting", well I promise I don't tolerate or accept no shit like that in Texas.

Mar 20 15 11:07 am Link

Photographer

kickfight

Posts: 35054

Portland, Oregon, US

Looknsee Photography wrote:
In short:  I have a few rental properties.

Yep, so do we. 

Looknsee Photography wrote:
...  I could give him 64 days notice to vacate.  I don't have to justify my decision, and he would have no recourse.

This is what we would do. The noise problem will persist as long as the tenant is there (or the other parent moves out of the area, taking the kids along).

Mar 20 15 11:22 am Link

Artist/Painter

ethasleftthebuilding

Posts: 16685

Key West, Florida, US

Lohkee wrote:
O.K. I'll try one last time (no reflection on you or the discussion at all - just a chapter that I've closed and would prefer not to dwell on - actually I'd rather forget about it altogether but can't seem to find the "Men in Black" with their light thingy).

Yes, Ernst, it is. And here is why. Sure, I can prove I own the property. I can claim that the squatters are, well, squatters. How do I prove that (at the street-level)? Not gonna happen. All the squatters have to do is say I'm trying to illegally evict them by circumventing the law via claiming that I don't know who they are. The police are caught between a rock and a hard place. High-ho, high-ho, it's off to the courts we go. . . . .

I guess the way I see it, California has the burden of proof on the wrong side. 

I look at it like any other crime.  Let's say a guy steals a car and the owner reports it stolen.  The police catch the guy in the car and he claims the owner said he paid the owner to use it for the day.  The owner says he does not know the guy and did not give him permission to use his car.  The guy is charged with unauthorized use of a motor vehicle and is taken to jail.

To me, the squatters stole your house, just like the guy stole the car.  It is a crime, arrest them.

Lohkee wrote:
I came to America about 40 years ago and fell in love with CA. There is a certain "magic" about the place, the people, and the energy. Cruising Colorado Blvd in Pasadena, or Averaldo Blvd in Monterrey, during those wonderful balmy summer nights in an old 64 1/2 'Stang - sipping on a beer (yeah, I know that's no longer cool), and checking out the chicks with their skimpy outfits and perky boobs - Huh, reminds me of a song (well several actually).

There's a reason I finally abandoned CA. . . . . . . . .

It ain't the CA that I came half way around the world to be a part of no more. Oh well.

Hit the road Jack . . . . . . . .

My girlfriend grew up in Orange County, CA.  About half of her family moved to Texas about 5 years ago.  The other half say they intend to move here within the next 5 years.  I hear stories about how California changed and how Texas is like the old California they loved and miss.

Lohkee wrote:
I do strongly recommend TX (Chuckles - AZ is no good - no, really, it sucks - TRUST ME - TX is a far better place to go) for those sick and tired of BS. tongue

I disagree with you.  I think AZ is a much better place for California folks to move to, they don't have to move as far.  LOL 

I love my home state.  While we may no be perfect, we are damn close.  Our motto is Friendship and all are welcome.  Just be respectful of the place and don't try to change us to be like the place you left...remember, you left there for a reason.

Mar 20 15 11:23 am Link

Photographer

Rebel Lens

Posts: 225

Sydney, New South Wales, Australia

Hearsay, ...you really need to witness these incidents happening before making any decisions, because you could make things a lot worse if you jump to conclusions on someone words alone.
And if it is happening then you need to record the excessive noise so you have proof.

Mar 20 15 11:24 am Link

Photographer

Click Hamilton

Posts: 36555

San Diego, California, US

ernst tischler wrote:
Is a doorbell required by the terms of the lease or by law?

If not, remove the doorbell and the button.

All fixed.

No, and logically that's right.

In terms of managing the psychology of tenants we have to finesse the line between being responsive to their concerns, no matter how idiotic they seem, and politely saying no in a way that avoids getting us sucked into wasting time/money.

There is a trade-off between getting rid of people who irritate me and refilling vacancies.

The bigger issue here is managing our image and the respect we garner as a landlord, nice guy, friendly, reasonable, etc., while at the same time not encouraging or enabling stupid demands like this by being overly available.

We have to learn to gracefully slide past issues like this before they harden into confrontations.

---

I was once listening to a heated yelling argument between two housemates that was booming outside of the house where I was working. The source of the argument: one housemate was always using too much of the ketchup they bought jointly.

The point to learn here is to avoid making ourselves doormats for small-minded tenants or the easy target recipient of  negativism from perpetual complainers who always want to release their angst on others.

---

The source of the doorbell friction: The girl feels a need to always nag someone about something to fortify her own sense of relevance or importance. She will nag and complain to anyone who will listen, about anything. I avoid her as much as possible.

I have to always remind her about her overdue rent, which is a kind of reverse nagging to her, even though the rent is late. Today is March 20th, and she has not yet paid me her rend due March 1st. I get a recurring litany of excuses like "I sent it, I don't know what happened" ... "I'll write you another one and put it in your mail box" ... "I've got a bad stomach flu and going to the doctor today" ....  etc.

She's not worth the trouble and distraction so when her lease is up on July 31st, she is not being invited to stay. She can go nag someone else. Four more months until that situation is rectified. That house has not had a functioning doorbell since before I bought it in the 80's. It's a small 3 bedroom, 1 bath house, one level. Knocking on the wood door is just as audible throughout the house as a door bell wood be.

I do not respond well to nagging, to say the least.

Mar 20 15 01:03 pm Link

Artist/Painter

Hunter GWPB

Posts: 8179

King of Prussia, Pennsylvania, US

ernst tischler wrote:
Texans are a very tolerant and accepting people.  Texas was founded on fair principles and individual rights. 

Those who move here, from all places, make the choice to move here because they believe their lives can be better here.  I fully agree with that, there is no other place I would rather live.  There is lots or room here, anyone is welcome.

The problem arises when those who flee other states, after they get here, they begin to expect Texas to change into the place they left behind.  I have a longtime neighbor who moved here from Ohio many years ago.  He would always complain, "Back in Ohio, we did..."  One day I asked him, "Why did you leave Ohio and come to Texas?"  He cited a number of reasons why, including a better economy, lower taxes and better quality of life.  My next questions was, "So if you left Ohio because things would be better for you in Texas, why do you always seem to want Texas to become like Ohio?"  He said he never thought of it that way before.

There have been a number of instances here locally that have turned me off to the Californians who have moved here. 

The crazy PETA lady who continued to call the Sheriff and complain that we were starving and abusing a horse when it had already been proved to the Sheriff that we had rescued the horse and were nursing it back to health under the supervision of a veterinarian. 

The guy who purchased property across the road from me that had deed restrictions and then petitioned the county to adopt a resolution to place those restrictions on all property adjacent to his that have no deed restrictions. 

The new neighbor who asked me why my "retention pond" was not "properly fenced" to keep his dog from swimming in it.  Umm, it is a stock pond and my entire property is fenced for cattle.  You have to fence your pond for safety, he insisted. 

In all three cases, at some point in the discussions, the phrase "in California" was used by the former golden state resident as part of making their case for whatever they wanted us to change for them.

Now in this thread I learn that in California someone can move into your house while you are away and when you report it to police, they won't arrest them for trespassing.  WTF?  You say Texans sound "intolerant and unaccepting", well I promise I don't tolerate or accept no shit like that in Texas.

.
I use to get a lamb every year.  I had a neighbor call the SPCA because she knew what was going to happen to it come cold weather.  She worked in a steak house.

I use to give my shirt off my back to my neighbors.  That wasn't enough for my neighbor from hell.

Open space around here, people think they have the right to do as they please on other people's property.  I have seen people build on other's land.  They put no trespassing signs and no hunting signs on other's land. I had a guy try to chase me off my Uncle's farm.

Some people around here tell you how to live every %%(^% aspect of your life.

Don't even get me started about the fascist local government that unconstitutionally took my house.  Or how they have their nose in everyone's business, but their friends do as they please.

It ain't a California problem. 

So sorry you are having trouble with assholes.  The same trouble we have. 

What you have, what we have, is an urban vs rural incompatibility.   The difference between the, leave me the %#& alone, verses everybody should live like I do, people.  I understand your problem more than you can possibly imagine. 

How does the numerous times you have depicted all Californians as whacked out something or anothers that should not come to Texas, resolve this problem?   Some Californians must think that the PETA people are nuts.  They are here.  It is a requirement to join.  I had a Fish and Game officer that I worked with in Florida, ask me why I came to Florida, because I was telling him hunting stories from when I grew up.  What the %@#$&, I can't have pleasant memories to share just because I live someplace I didn't grow up? 

I may not like the attitudes of the people that live around me and they may not like mine.   The neighbor from hell screamed at me, "You don't belong in this (municipality) and I am going to call "municipality"".  That was right after I told her that I don't care if there are baby bunnies in my yard.  She thinks she is tolerant too.  But she doesn't have to tolerate me to be tolerant.  Or baby bunnies.

Anyway, Ernst, we just made this thread a little more interesting.  And I apologize for the temporary hijack.  Don't worry, I have no plans to move to Texas.  But I like Texas Swing.  And Country Two Step.   And Waltz   And Cha.  I need someplace a little more rural than Texas.  I gotta get far enough away that there isn't anybody to tolerate.  And you need a good mean bull in that pasture. lol

Mar 20 15 02:21 pm Link