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steve hutch · Jun 3, 2012, 04:42 PM

The owner of a house in Fl.moved to PA and asked a so called friend to watch over the house. Unbeknown to the owner that person moved into the house and now refuses to leave.I have a contract to purchase-that I assignd to a cash buyer.We are ready to close but the cash buyer will not close while the property is occupied.The police have been there twice and told her she has to leave but they say by law that they can not remove her without a tenant eviction.This person is not or ever has been a tenant.There is no water or electricity -This person was stealing both-the police contacted the utilities to advise them of that.I was almost arrested when I tried to take possession and change the locks. Are there not any laws to protect an owner from a squater moving into and taking over their property. Thanks Steve

AK lawyer · Jun 3, 2012, 04:54 PM

Yes, there are laws to protect the owner. But it entails getting a court order. The police cannot enforce the owner's right without one.

I am unclear what your interest in this is. You assigned your contract. So it appears that either the owner or the assignee of your purchase contract would have to go to court. I don't think you have any standing.

ScottGem · Jun 3, 2012, 04:57 PM

Let me ask this. How long has the owner or anyone been aware he moved in? He probably could have been evicted by now. With no lease he can be given 14 days to vacate. If he doesn't then you go to court for an eviction order. I would suspect a judge would give him a very short time to vacate.

I agree,this is really trespassing and the police should arrest him for it. But if they refuse, then an eviction is your next option.

steve hutch · Jun 3, 2012, 05:25 PM

Originally Posted by ScottGem

Let me ask this. How long has the owner or anyone been aware he moved in? He probably could have been evicted by now. With no lease he can be given 14 days to vacate. If he doesn't then you go to court for an eviction order. I would suspect a judge would give him a very short time to vacate.

I agree,this is really trespassing and the police should arrest him for it. But if they refuse, then an eviction is your next option.

Thanks Scott, Guess I am stuck between a rock and a hard place.The police told this person they had to be out by 6/7 and threatened to forcibly remove her if not.That was just a scare tactic,-they told me they can't do that without court paperwork The owner has only known for 3 weeks of the situation. I will probably lose the buyer and the deal if it has to go through process. Steve

steve hutch · Jun 3, 2012, 05:37 PM

Originally Posted by AK lawyer

Yes, there are laws to protect the owner. But it entails getting a court order. The police cannot enforce the owner's right without one.

I am unclear what your interest in this is. You assigned your contract. So it appears that either the owner or the assignee of your purchase contract would have to go to court. I don't think you have any standing.

I did in fact send the paperwork to the owner in PA but the closing is set for 6/8 ,leaving no time for the process.The asignment and the closing is contingent on the property being vacant. Thanks Steve

AK lawyer · Jun 3, 2012, 05:41 PM

Originally Posted by steve hutch

...The owner has only known for 3 weeks of the situation. I will probably lose the buyer and the deal if it has to go through process. Steve

I can understand an owner in Pennsylvania being unaware of things, but where were you?

Next time you speculate in land contracts you would be well advised to keep better track of the status of the property.

Fr_Chuck · Jun 3, 2012, 06:34 PM

If the owner is in another state, let them give you power of attorney to act on their behalf and then file the eviction paper work. Also if the owner would have filed a complaint of breaking and entering, and unlawful possession the police may have been able to act if there was a formal complaintt filed. But the longer anyone waits to file in court they longer this person will be in the house.

Most people that do these things, know the laws and know they will get to stay for weeks or longer by working the system.