Just a note to bring interested posters up to speed on a recent experience concerning squatters, a term I apply loosely to tenants who pay a couple of months rent then stay a while for free... 

The eviction process is a must - you gotta get busy on that one as soon as your tenants miss the first month's rent. 

Bad checks.  In my non-attorney opinion, you hold the checks, don't resubmit to the bank over and over until they pay because eventually the will.  But by the time they do, your rent is that much later. 

Write your tenants a proper letter and give them the required time to make the check good, and promise to file a proper complaint with your state attorney if you don't get your money. 

If you process their bad check, and it finally pays, you have your money, but you let them off the hook, so to say.   Bad checks are a felony.  Write enough of them and you can do time.

After the long expensive eviction process, you can consider liens if you win a judgment, as you should.  But, what I am learning is that filing a lien is also expensive, and that you can't put a lien on just about anything that the squatter can claim as essential to support his family, i.e., his car.

If you're lucky, your house wasn't too trashed and you can get busy looking for new renters, only this time, you'll verify everything about your prospective tenants. 

In a nutshell, what you learn from being taken to the laundry by a squatter, is to verify the credentials and history of your next renter.

 
Post is included in group: Squatters

17 Comments on Squatters - continued

I remember reading your first post. I can't believe this is still going on.

09/21/2007 06:10 PM by Rebecca Savitski NC Real Estate Listings (NC List for Less Realty Incorporated)


Sound advice. If the checks and balances aren't built into your system you're more exposed. And sometimes you can do everything right and the squatters were always intent upon taking advantage. You succintly made several worthwhile points here. Great info!

09/21/2007 06:11 PM by Andrew J. Lenza (ABR*GRI*MBA) Monmouth County NJ Real Estate Broker (Andrew J. Lenza Realty)


Robert, It is frightening to think that someone may be dependant on that rent to pay their bills and they are not getting it.  I know in NY it takes forever to get someone out of an apartment even when they have not paid.  I hope this sends a reminder to landlords to verify everything from a prospective tenant.

09/21/2007 06:14 PM by Carole Provenzale Owner, Feng Shui Long Island & New York (Feng Shui Long Island & New York City)


Robert,

Nice post. The lien route is only good if someone has assets. Deadbeat tenants usually don't and 'you can't get blood out of a stone'! Thanks,   Fran

09/21/2007 06:29 PM by Fran 'The Title Man' Gaspari Title Insurance-PA & NJ (Patriot Land Transfer, Inc.)


My first experience renting out an investment property was to a client that had less than perfect credit. She said she had a child and wanted to move out of the Barrio area where gunfire was rampant. I felt for her.

I told her I was concerned about her bad credit but I was going to give her a break, A new chance, I said "Just don;t screw me"

Guess what, I got screwed. First rent check never came, she invited other familes and animals into the home and even tapped into the neighbors electricty. The association was all over me. Eviction costs, remodeling costs, new carpet costs, what a lesson.

If they dont have great credit and a good job stability, Pass.

09/21/2007 06:38 PM by Brett Noel, California's Success Coach Author / Motivational Speaker / Broker (Keller Williams "Productivity Coach")


Robert, great advice! the dead beat tenant needs to be dealt with swiftly, many times you can get accrate information from past landlords because some landlords will say anything to get the tenant out of their property.

09/21/2007 06:41 PM by Gary J Rocks (Sussex County Real Estate)


I agree! Always better to be aggressive and proactive. If not, you will be much worse off.

09/21/2007 06:48 PM by Jason Schweiger (Real Estate 2000)


You are reconfirming why I'm not in to property management, don't have any rentals and don't take lease listings.   I had some nightmare lease experiences and I decided to let those people who knew how to do it have the business and stick with what I do best (selling houses).  You do give good adivise though.

09/21/2007 09:43 PM by Marchel Peterson Spring TX Real Estate E-Pro ABR (Results Realty)


I understand the position you take on property management.  I would be there, as well, except that's my own house the squatters were in, shhhh..., that's embarrassing, I should have known better than not to check out their references before accepting them as renters.  I'll know next time, promise.

09/22/2007 03:50 PM by Robert Monk Florida Real Estate (100% Realty, Inc.)


Brett, you did about as well as I did...  we learn the hard way.  How does the expression go? "Fool me one time, your fault, fool me twice, my fault..".

09/22/2007 03:53 PM by Robert Monk Florida Real Estate (100% Realty, Inc.)


Rebecca, the squatters are out, and the house is up for rent and new tenants are interested.  I want to make this just visible enough to help other landlords from falling into the same trap, and on personal note, I want to see life become a little more difficult for professional squatters.  They are thieves, and fairly well protected by the laws of the land.  About all you can do is evict them and get a lien, but then you have to collect the lien - and good luck with that!  If they give you a bad check, then they've broken a punishable law.

09/22/2007 04:17 PM by Robert Monk Florida Real Estate (100% Realty, Inc.)


Fran, you are right about the assets.  I'll be lucky if I can come up with a boat, or motorcycle.

09/22/2007 04:21 PM by Robert Monk Florida Real Estate (100% Realty, Inc.)


Robert, thanks for sharing the pain. One of the great things about Active Rain is to learn from someone else's experiences.

09/22/2007 04:52 PM by Carol Zingone, Broker Associate, GRI, SRES (Vanguard GMAC)


Renting is always "a chance" when it comes to dealing with people you don't know anything about.  Credit checks are always a must and also, what I do here in Virginia is I check out the court records in the Civil division to see if they have any unlawful detainers that are not in the credit report yet.  Could still be pending cases from recent evictions from the previous home they rented that are still waiting or they haven't been served yet, etc.  

09/22/2007 08:11 PM by Stella Barbour - Real Estate Agent - Serving Northern Virginia (Jobin Realty - Real Estate Agent)


We just wait till they leave and take the doors off for repair and then not answer the phone. It works beautifully.

 

We also have a great second floor apartment. We just change the locks and it is very difficult to kick in because of the stairs without hurting oneself.

 Does anyone know of a list of tenants who have defrauded landlords on the web??

09/23/2007 11:21 AM by Making money in MIssouri


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