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Why Does a Squatter Have So Many RIGHTS?

Okay, this is a vent...

I have a rental house in Alabama. The tenant hasn't paid her rent since August (she moved in the first of June). On top of unpaid rent, she owes me about $700 for the utilities she didn't put in her name and part of the deposit. So, at this point, she's in the hole to me for several thousand dollars.

Yes, the eviction papers have been filed - several weeks, maybe even over a month ago. But there she still lives, with her $60,000 Hummer sitting out in front. Rumor has it she has 7 dogs living on the property (she's "authorized" for two). But apparently, according to my lawyer, she can stay until the sheriff gets around to physically moving her, her Hummer and her seven dogs out.

HOW IS THIS FAIR???? Why does someone who has broken a contract, who is putting my property at risk, have the right to live there after she stops paying to live there????? Why does she have more rights than I do???

Someone explain to me how this makes sense. I just don't get it.

Posted by Jennifer Allan-Hagedorn, Author of Sell with Soul on 10/11/2008 06:29 PM

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Originally posted at: Selling Soulfully with Jennifer Allan: Why Does a Squatter Have So Many RIGHTS?

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44 Comments on Why Does a Squatter Have So Many RIGHTS?

OCT

2008

Jennifer, it makes no sense. However, tenants have all the rights and landlords have a terrible fight to get the bad ones out. Not fair and tenants who work the system know it. Sorry you've gotten stuck with one.

Not fair. You should be able to put them out right after they have broken any part of the contract. Who made tenant-landlord laws? The government. That explains it all.

I'd just like to hear an explanation of why law-makers think non-paying tenants should have the right to live somewhere they aren't paying for. How, exactly, does that conversation go when the law-makers are sitting around chatting about it??

The 7 dogs things really makes me wonder... in some jurisdictions, that's illegal - so would I, the homeowner be penalized while the tenant gets to keep her illegal dogs???

Jennifer, If the Hummer is on your property how about a side rental as a studio apartment, Kidding aside tenants have why to many occupancy rights. Where I live it gets harder to boot them in the winter because it's illegal to shut off any utilities. Good Luck.

Jennifer,

It is crazy. In Philadelphia, it is the same way where the system is stacked against the landlords. So many tenants just know the system and take advantage of it to the fullest extreme. It is just awful. Why it is stacked in the tenant's favor, I have no idea why... I guess it gets back to the slum landlords and all. I hope everything works out for you in this situation. Hopefully the eviction goes smoothly and the property is not too banged up afterwards and reak of dog. Keep us posted and keep your head up.

My belief is that what comes around goes around in the world of karma...

Perhaps you could put a lien on her Hummer? I know can't do. But if she is in violation of local animal ordinaces you could call the ASPCA and report her. Then call the local county officials and report a health issue due to the over population of pets. It actually could work faster then going through the eviction process.

Good luck with the sheriff. With all the foreclosures and what not I'm guessing the sherriff is probably overworked and probably doesn't have putting a tenant out on the street high on the list. It really is too bad about the tenant/landlord laws in a lot of places. I know Oklahoma had a pretty landlord friendly law at one time. Might be the place for your next investment! Of course, tenant screening always helps.

Jennifer..I feel ya...I have a tenant who moved in last December, and started paying slow..but he paid, then he didn't pay for may....then June came, we sent the 5 day pay or quit...then we took him to court...the judge asked him if he owed the money..he said NO>...the put off court until October.....when we showed up in court....he said he moved out in July....the judge ruled that they only owed us from May to July....how is that, they can't just terminate a lease on their own...the laws protect those who are least likely to follow them..

It is so wrong! Many years ago our neighbors rented their house so they could spend a year working in Lake Tahoe. We actually knew the guy they rented to and thought it would be great. Turns out he and his friends were loud and inconsiderate party maniacs, and it got worse....he quit paying rent. They had the same problem with getting him evicted. It was awful and after that I don't think I have the stomach to deal with rental property.

Jennifer, I'm so sorry to hear of your problem. Louisiana is a landlord friendly state. It doesn't take long to get them out after they've missed a payment. I'm sure you're feeling pretty helpless right now about the situation. Wish there was another avenue you could pursue to get her out. Reporting about the dogs might work, but she'll probably know you turned her in....

OCT

2008

Virginia and NC are pretty landlord-friendly as far as it goes, but STILL, it is infuriating at the time and expense a landlord must spend evicting, especially if they are continuing to do damage while they occupy the property.

We recently had a family leave one of our rentals after less than 3 months. They paid on time, but they had I don't even know how many dogs and cats running around...and they DID NOT LET THEM OUTSIDE. EVER. Yes, you guessed it...it was one unholy mess. Of course, now we are experts on getting rid of cat urine without ripping up subfloors (yes, it can be done!), but we did have to pull out several thousand dollars worth of brand new carpet.

It took a while to get them out once we realized what was going on and I used to lie awake at night, just having it knaw at me that they were damaging our property yet we couldn't just go in there and start putting their stuff on the street. I feel your pain, for sure!

I like Cindy's suggestion above and it is worth a try; we tried it in NC, though, and Animal Control said as long as the animals were healthy (never mind 50 piles of you know what on the carpet), they could not pull them out of the house. It was maddening!

Jennifer- I feel for you girl. I have been a landlord with rental property for years and if you want to have a sit down and hear some true horror stories just come on over. If you want any advice about dealing with your situation, here is the best advice I can give: Just deal with it! Don't take it personally and sit and get upset about it, won't do any good. Just get them out, fix it up, rent/sell again. 9 out of 10 people are good tenants, but it is the tenth one which will eat at your soul. After years in the business, I can understand why people become slumlords and very hard hearted. Simple philosophy, pay your rent and stay, don't pay and leave. Preferabley, ASAP!!!!

Aaron - You're right, my feelings are hurt and I'm taking it personally. I've been managing my own rental properties for 14 years and have very few problems - this is the first time this has happened. I just don't understand 1) why this person (who convinced me she would be the perfect tenant) would do this to me and 2) why the law allows her to.

Susan - Oh my!!! Your story is way worse than mine!

Heather - Colorado is much more landlord-friendly as well. I'm told that Alabama recently CHANGED its laws to be more tenant-friendly - that's what I don't get!!!!

Ann - hate to say it, but my worst renters have been young single men who make plenty of money! I believe I can legally discriminate against them (as long as they aren't in some other protected class), so I do.

Konnie- I can't believe that!!!! Does the govt think we amateur landlords are just rolling in money?

Jennifer, that is why some landlords don't do leases but month to month, then you don't have to wait out the eviction process of 3 months here, they can go after the first missed payment.

Missy - is that true???? If I do month-to-month, it goes quicker??? I never thought of that! So I guess if you put in the lease that you can terminate the lease with 30-days notice, you can get them out the following month, right?

I think Missy is right because I know a few landlords that will only do month-to-month. If the tenant complains, then there's your answer. I think I would also double or triple the deposit if you can just in case!

OCT

2008

Jennifer

I know "people" in Alabama who can make the tenants go away in a more expedited manner if you wish. They can also make the house go away if you want that as well.

Let me know which!

Oooooooh, tempting! Don't think that hasn't crossed my mind... (the part about making her go away!)

OCT

2008

Tenants' rights have gotten out of control thanks to radical groups such as ACORN. But we're keeping them occupied up in Ohio right now, as they are all up here doing voter registration fraud to let Obama and his henchmen take over giving MORE rights to the tenants and folks who shouldn't be able to buy houses and take away more rights and money away from those that work hard for it and take entreprenueural chances.

Keep up the good writing...always enjoy.

Dave Culbertson, Broker/Owner, Real Living Home Team, Mount Vernon, OH

Dave Culbertson

OCT

2008

Jennifer, I feel your pain. It has got to be mind boggling, not to mention what shape the house will be in when she finally does get the boot. It almost doesn't pay to be nice to people. Is this truly a result of ACORN? Geez, seems they are doing more damage than good these days. Good luck with this dilemma Jennifer, and keep us posted on the results.

Jennifer,

My Dad called them "professional tenants" they know the system and how to get away with cheating it and you. after having to deal with my father's properties years ago, I decided to not deal with it... (kicking myself a little for not taking that risk ....) It really is not fair at all. The problem is that you own property... So you must be rich, and therefore evil in the eyes of many liberal law makers.

I hope you get results soon. It surely is not fair! and a long distance rental can not be much fun at all.

Rob

Jennifer I do not get it myself!! When I first went into real estate and learned all of the things an owner had to do in order to get someone out of their house I was flabbergasted!! What happened for it be this way!

OCT

2008

Wow, listen to all you landlords on her yapping about some tenant not paying. I wonder if this equals the number of tenants who go months without water, basic plumbing, electricity and a safe place to live. I had a landlord evict me after I found MOLD in the walls. Or a landlord who I paid regularly and completely, one day decided that he wanted to reoccupy HIS apartment (no matter that I had a signed lease) and evicted me too.

UPDATE - my squatter is still there... with her seven dogs and her $60,000 Hummer. The court date is in mid-November, so by that time she'll have been there over three months without paying rent. And, even if she loses in court (which she will), she'll still have appeal rights I'm told. My attorney told me that since Alabama passed their new tenant-friendly law in 2007, he's seeing this all over the place. BEWARE!!!

NOV

2008

Derek, you crack me up! Too funny about "taking care of" the problem! Jennifer, I, too, self-manage my rentals from a distance, and it can be a pain. I have filed a garnishment for past-due rent and am awaiting information from the court. Good luck! ~Pat

NOV

2008

Jennifer,

That is why I don't want to be a landlord. Been there and done that.

I would recommend you watch the movie Pacific Heights with Melanie Griffith and Michael Keaton.

That will give a landlord nightmares.

NOV

2008

Okay - here's an update... it's just unbelievable (to me).

The court date was on Monday. She showed up and got on the stand and lied & cried & made crazy accusations as to why she hasn't paid rent in three months. My attorney said she looked like a drugged out white trash criminal and made a fool of herself. Apparently she got so distraught the judge threatened to bring in the sheriff and take her away. It sounded like something from My Cousin Vinny, only way more ridiculous.

She mentioned that she's declaring bankruptcy, which, I'm told, could let her stay in the house several more months if she files BK before the judge enters his judgement. Holy Crap. But assuming that doesn't happen, she definitely has to be out within 7 BUSINESS days (which gives her thru Thanksgiving, darn).

Just for fun, I googled her and found that two weeks ago she'd been arrested on 7 counts of felony something or other and was put in jail. Guess she posted bond and got out. Her husband is a Navy Seal, so my attorney told me to go after him via his commanding officer, so we'll see.

I have three rental properties in Alabama and as they come vacant (starting with this one), I'll be selling them. Alabama is NOT a friendly place for landlords!

Yep, she's a real winner.

DEC

2008

Update as of December 3rd...

Squatter still in property. Legally. The judge filed the final writ of eviction on December 2, a full two weeks after the trial date. Guess the $50 I'm paying per day she's living there isn't at all important to him. Now she has 7 business days to vacate - at which time I have to call the Sheriff's department AND a moving company to come move her out if she hasn't left yet.

But rumor has it that she's part way moved out and that the power has been shut off due to non-payment. And the good news - it's below freezing in Alabama this week!!!!! Woo hoo!!!!!!!

My poor, beautiful, wonderful little house-in-the-country. I feel so bad for doing this to her. She deserves better.

Doe Run

DEC

2008

Jennifer, I read your post with horror, OMG you have had one heck of a time with this person. It reminded me of the time back in the late 80's when I was doing Property Management.

I had a tenant at the Complex I managed who was not paying rent (this was in Mass), we had to give him a 15 day notice first, then after the 15th day file with the court for a hearing. Three weeks later we are in court (he now owed us 90 days rent if you included the current month). This guy stood in front of the judge with a $500.00 suite, rolex watch and other pieces of gold jewlery and told the judge (with a straight face) that he could not pay the rent right now. When the judge pressed him on why he could not do it, his explanation was that his money was tied up in his import/export business and he was expecting a large sum in about 2 weeks!!! The judge bought this explanation and gave the guy the time to pay!

Of course no money came, we had to refile for a court date. Once back in court (one month later and now being owed 4 months rent), the tenant was a no show, WOW what a surprise! The judge filed in our favor, it took a week for the paperwork to come through giving the tenant 7 days notice to vacate.

We finally got rid of this guy, his apartment was full of very expensive items too. To add insult to injury, Mass law required us to hold his belongings in storage for 6 months incase the tenant came back to claim anything!!!!

It is stories just like this one (and experiences with tennants of my fathers) that kept me from owning rental property... I still kick myself at times for not buying a few... But I would NEVER consider a long distance one like this... it just has to add to the headache, not being able to drive by and check on the house !!! Good luck!

Jennifer- we had several rental properties in San Diego. In Calif it's common to have just month to month leases,but we still had to evict 2 tenants in 10 years. One was a mother with 2 teen age sons, and she had a boy friend living there, and it turns out spent most of her paycheck on drugs. We saw the evidence in her eyes and on the smoke marks on the walls & ceilings. We did get them evicted,met the sheriff at the house that morning and the locksmith. Kind of scary stuff as we had 2 little kids and lived just down the street. They had moved a lot of stuff out, but not everything, so we still had a mess to clean up. We did get a judgment against her and her 2 sons plus another "friend" who was "staying there". Of course we had to go to court to have the judgment enforced, and then pay a law firm half the rent in fees to collect it, but it was worth it to make them pay up.

When we moved to NC, we decided NOT to be landlords! lol

Good luck with your tenants, we'll be rooting for you. And to the "concerned citizen" who wrote about no electric or plumbing- well, you have to PAY for those things yourself, not expect your landlord to do it. If the house has mold- move out!

Again, we're on the same theme of people not taking responsibiliity for their own actions, but blaming all their problems on someone else - in this case, the landlord.

DEC

2008

Jennifer, I can relate with you and your tenant issues. Please find my post today regarding my tenant taking me to court to get a judgement dismissed and let me know what you think about my rights. ~Pat

DEC

2008

UPDATE 12/10 - today's the day! The sheriff is meeting my property manager at the house in about an hour. I'm pretty sure she's completely out, but I'm anxiously waiting to hear what the place looks like... stay tuned!

I'll be thinking about you today! Please keep us posted...hopefully it's better than you expect.

You know, we had a tenant-from-hell this summer and I spent many sleepless nights over it...despite everything, at the end of the day, although we had one unholy mess, it wasn't nearly as bad as I imagined it would be. Don't get me wrong, it was putrid, but we got it cleaned up eventually, got it rented right away and it wasn't worth the sleepless nights. I hope yours is okay, too.

DEC

2008

Well, she was out when the sheriff showed up with my property manager... but yesterday she came back and broke in after we changed the locks... sigh...

DEC

2008

i have been a tennant that was unfairly evicted and the victem of DOZENS of bad tennants that should be shot! ,,, so i agree with the landlords,,, sorry for the bad ones but i wish the law just favored the least annoying one

DEC

2008

... and yet another valid reason why being a landlord is not for the timid.

DEC

2008

Jennifer, I think I saw that movie once but that rental house was in San Francisco... very scary for you. I think the laws were made back when tenants were the victims now they certainly are not... guess onces she is out, you might just not want to rent that anymore and might choose to sell it. Worse is to be in the business and get sucked in by a bad person. Best of luck on this for 2009!!!!

I finally got into the house and it was in surprisingly good condition. Filthy, but no damage - not stinky - didn't even need paint! The house went on the market on Monday, so we'll see what happens!

JAN

2009

Whew, what a story! We've looked at getting some rentals with the high rental demand right now, but I will definitely be checking the tenant/landlord laws here very very thoroughly!

MAY

2010

Wow ~ and the story continues, just with another sucker Landlord (ME!) and a squatter that knows the system in AL is now in her 2nd month of "free" rent while My hubby works 2 jobs to cover the extra expenses of the rental. I am appalled at the system in Alabama! I finally filed for her eviction last Wednesday in court, after giving her her notice, then waiting while she "played us" for a month .. I will have the $/No not yet/yada, yada. The civil court she would not get served until the first of this week sometime. Called Monday - NO, and today - NO.... A week since I filed and she HAS NOT EVEN BEEN SERVED by our friendly Sheriff! I am SO naive, as I thought they were here to help the good guys! Once she does get served, she still has 7 days to do whatever, and per the court, if she doesn't leave, she can request a court hearing and they only hold eviction hearings once a month, so the date on that would depend on when she answers. If she does neither, then it's back on my shoulders to go back to the court, pay MORE $, and then they will give her ANOTHER 14 days to do whatever. Of course, if she wants to go to trial/hearing, she can wait til the 14th day (after her initial 7, and I refile and the courts send it to our ever so friendly and helpful sheriff and it takes him however long) and then we would have to wait til the trial... HELP, HELP, HELP! It's not even like she would be out on the street. She's a grown woman, her mother lives less than 1 mile away, and her aunt is nearby (why she wanted to rent our place - to be near family!). We offered to put her on a payment plan, release her from her lease - just leave, etc. I'm with totally FRUSTRATED and am glad to find this blog (even though its older) just to vent and know I'm not in this completely alone!

Lisa - I'm SO sorry and I know what you're going thru. I couldn't believe how lenient the "system" was on this horrible woman who took advantage of me. I have a judgment against her for $5900, but was told by a local collector that she has over $90,000 in judgments against her already, so good luck collecting.

Speaking of the system in Alabama... I am suing another renter in small claims court and the local sheriff couldn't find the house to serve them, so he just sent the notice back. I had to re-file three times and send him a detailed map to the house (it's NOT hard to find!) in order to get the process even started.

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Jennifer Allan-Hagedorn, Author of Sell with Soul

Pensacola Beach, FL

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