HOW CAN YOU REMOVE A PERSON STILL IN THE PROPERTY?
- Once the property changes hands and a person is in the property, the first step is to find out who the person is any why there are there.
Tenant of Former Owner? Squatter?
- If the person is a tenant of the former owner, to remove that person, an eviction action may be necessary. If the person has a lease, than they may still have the right to remain there as long as they continue to pay rent. The new owner may then have to accept the lease terms. But in many foreclosures, the tenant’s rights are extinguished and therefore cannot remain in the property. Of course the new owner can try to negotiate a new lease.
PROTECTING TENANTS AT FORECLOSURE ACT – residential property
Congress passed an Act a few years back which sought to protect tenants living in a property that was foreclosed. The goal of the Act was to prevent the new owner from taking over the property and immediately evicting a tenant there for at least 90 days. More specifically, the tenant must be allowed to remain in in the property until the end of the lease, unless:
(a) the property is purchased at a foreclosure auction by someone who intends to reside in the property, or
(b) the lease expired or was oral.
But for these protections to apply, the tenancy must be “bona fide”, meaning:
(a) the tenant is not a child, spouse, or patent of the foreclosed party;
(b) the lease was entered into in an “arm’s-length” transaction, and not a sham; and
(c) rent must be paid and in an amount that is at or near fair market value.
(NOTICE TO TENANT OF NEW OWNER – Help Center)
Much like in-laws, the new owner takes the property as it comes. Complain all you want, just make sure no one else can hear you.
SQUATTERS: a squatter is someone who is in the rental property or asserting a control over it, but did not have an agreement with the owner or other tenant of the property to do so. Typically, this is someone who either breaks into the property or simply sees a property that is vacant and walks in and assumes it as their own. Sometimes, they will get the power company to open an account for them, and they will have full utilities in their name. And sometimes, they will cut into another properties’ power source and steal it.
SQUATTERS can be moved from the property. An unlawful detainer action can be brought against them.
CAN I CALL THE POLICE AND TELL THEM THERE ISA TRESSPASSER IN MY NEWLY ACQUIRED PROPERTY AND TO PLEASE REMOVE THEM?
You can try, but you will most likely get the response:
I AM SORRY, BUT THIS IS A CIVIL MATTER AND YOU WILL HAVE TO GO TO CIVIL COURT TO REMOVE THE PERSON.
Whether this is what people term “squatter’s rights” or not, the point is self-help evictions are not allowed. To remove someone from a property, other than a burglar in the act of committing the crime, the legal way to remove someone is by eviction.
[CLICK HERE TO LEARN MORE ABOUT UNLAWFUL DETAINERS]