How should I handle this squatter?
June 16, 2011 6:15 PM Subscribe
I just sold my house under short sale. The tenant promised me he would be out before the sale, but he didn't leave and is squatting there. He also didn't pay me rent for the last two months since I didn't know he was living there. How should I handle this?
My house in Michigan sold in a short sale to new owners. I had been letting a friend of a friend live there for around 1/4 of market rate if he paid utilities and took care of the house for showings because I didn't have time to deal with a tenant from across the country (I moved to California for grad school). I got a phone call that there was an accepted offer on the house on the condition that the house was vacant by May 2nd. We communicated about this by text message and he agreed to move out.
I promised the new owners (via my broker) that he would be out by the 2nd of May, the date the house was scheduled to close. As far as I knew, everything was dandy, until I got this email today:
Hey ZuG,
I have been offered money to vacate the premises at XXX. However, the stipulation is that everything has to be removed from the premises and broom swept. And major appliances, cabinets, etc, have to remain in house. This has to be done by 7/8/11 and I have to respond by the 6/18/11 with intent. Otherwise, they will proceed with a standard eviction. Since all the stuff in the Garage is yours, I am in no position to act on this offer without knowing what you want done with your belongings. I know people from the xxx bike co-op would be willing to take the bikes and I might be able to sell or give away the lawnmower etc. Either way, let me know what you want to do.
Thanks,
Tenant
I was expecting the stuff to be gone already, so that's not a big deal. However, he lied to me and didn't move out, he hasn't paid me for living there for May or June, and now he's going to essentially extort money out of the new owners to move when I promised them he'd be long gone.
How should I handle this? Should I demand back rent? Demand he move immediately and not accept their money? I don't really have the power to enforce any of this legally, since I'm no longer the owner, but I would like to at least attempt to handle this wisely.
My house in Michigan sold in a short sale to new owners. I had been letting a friend of a friend live there for around 1/4 of market rate if he paid utilities and took care of the house for showings because I didn't have time to deal with a tenant from across the country (I moved to California for grad school). I got a phone call that there was an accepted offer on the house on the condition that the house was vacant by May 2nd. We communicated about this by text message and he agreed to move out.
I promised the new owners (via my broker) that he would be out by the 2nd of May, the date the house was scheduled to close. As far as I knew, everything was dandy, until I got this email today:
Hey ZuG,
I have been offered money to vacate the premises at XXX. However, the stipulation is that everything has to be removed from the premises and broom swept. And major appliances, cabinets, etc, have to remain in house. This has to be done by 7/8/11 and I have to respond by the 6/18/11 with intent. Otherwise, they will proceed with a standard eviction. Since all the stuff in the Garage is yours, I am in no position to act on this offer without knowing what you want done with your belongings. I know people from the xxx bike co-op would be willing to take the bikes and I might be able to sell or give away the lawnmower etc. Either way, let me know what you want to do.
Thanks,
Tenant
I was expecting the stuff to be gone already, so that's not a big deal. However, he lied to me and didn't move out, he hasn't paid me for living there for May or June, and now he's going to essentially extort money out of the new owners to move when I promised them he'd be long gone.
How should I handle this? Should I demand back rent? Demand he move immediately and not accept their money? I don't really have the power to enforce any of this legally, since I'm no longer the owner, but I would like to at least attempt to handle this wisely.
So is the stuff in the garage really yours? And if yes, do you want it? As far as I see, that's the only issue for you. You're no longer the owner of the house, as of the day of the closing.
posted by BlahLaLa at 6:30 PM on June 16, 2011
posted by BlahLaLa at 6:30 PM on June 16, 2011
Well, it doesn't sound like the new owners are going after you for the money, right? So this really isn't your problem. You're pissed, but ... well, just move on.
Do you still have stuff in the garage? If so, get it out asap (though you should have had it out already, right?).
There's nothing here to handle.
posted by bluedaisy at 6:32 PM on June 16, 2011
Do you still have stuff in the garage? If so, get it out asap (though you should have had it out already, right?).
There's nothing here to handle.
posted by bluedaisy at 6:32 PM on June 16, 2011
You still have emails and texts with him saying he knows he'd supposed to move out, right? And could produce bank statements showing his rent deposits and/or lack thereof?
Then I'd simply say that to him. "Hey Tenant, the stuff in the garage is not of interest to me and you are free to do what you like with it. I had understood from the series of texts and emails we had exchanged on X date that you would be vacating the premises prior to May 2nd; I gather from your email that you're still there. I have forwarded the details of our lease agreement and your agreement to vacate the premises by May 2nd to the new owners, XXX at YYY. I'm not a lawyer, and I'm not sure if they can go after you for back rent, but please don't let any concerns about the stuff in the garage prevent you from leaving as soon as possible."
At the end of the day, the joint ain't yours anymore, and he's their problem to deal with; paying him a couple grand to dust may be a lot cheaper and quicker for them than going through the eviction process. All you can really do is communicate in so many words: "Take the stuff if you want but get the hell out, and if this turns into a problem I can and will back up the new owners."
posted by Diablevert at 6:38 PM on June 16, 2011 [4 favorites]
Then I'd simply say that to him. "Hey Tenant, the stuff in the garage is not of interest to me and you are free to do what you like with it. I had understood from the series of texts and emails we had exchanged on X date that you would be vacating the premises prior to May 2nd; I gather from your email that you're still there. I have forwarded the details of our lease agreement and your agreement to vacate the premises by May 2nd to the new owners, XXX at YYY. I'm not a lawyer, and I'm not sure if they can go after you for back rent, but please don't let any concerns about the stuff in the garage prevent you from leaving as soon as possible."
At the end of the day, the joint ain't yours anymore, and he's their problem to deal with; paying him a couple grand to dust may be a lot cheaper and quicker for them than going through the eviction process. All you can really do is communicate in so many words: "Take the stuff if you want but get the hell out, and if this turns into a problem I can and will back up the new owners."
posted by Diablevert at 6:38 PM on June 16, 2011 [4 favorites]
I'd be inclined to reply (IANAL):
(i) that everything in the house and garage was part of the sale (if it was),
(ii) that squatting is illegal in most jurisdictions (in case the tenant is unaware),
(iii) that I'd proceed with eviction proceedings myself if I were still the owner (which I'm not), and
(iv) that all future correspondence be directed to the owners of the house and/or the local sheriff.
posted by matlock expressway at 6:52 PM on June 16, 2011 [1 favorite]
(i) that everything in the house and garage was part of the sale (if it was),
(ii) that squatting is illegal in most jurisdictions (in case the tenant is unaware),
(iii) that I'd proceed with eviction proceedings myself if I were still the owner (which I'm not), and
(iv) that all future correspondence be directed to the owners of the house and/or the local sheriff.
posted by matlock expressway at 6:52 PM on June 16, 2011 [1 favorite]
Offering money to a tenant to vacate a house after a short sale or foreclosure is common (it happened to me).
posted by brookeb at 7:44 PM on June 16, 2011 [1 favorite]
posted by brookeb at 7:44 PM on June 16, 2011 [1 favorite]
1) Not your problem anymore.
2) If you really want to get involved, forget about the back rent, wait until he goes to work, and move all his stuff into a storage unit (important detail - Don't just throw in out in the street, make damned sure he can get every scrap of garbage from the bottom of the fridge back). Have the locks changed at the same time. Offer him the key to the storage unit if he'll sign an eviction agreement, and point out that suing you will get him a whopping $150 in fines (might want to check on the actual limit in your own state) and will take six+ months to get his stuff back.
/ IANAL, but know someone who does this fairly regularly for deadbeat tenants.
posted by pla at 8:53 PM on June 16, 2011
2) If you really want to get involved, forget about the back rent, wait until he goes to work, and move all his stuff into a storage unit (important detail - Don't just throw in out in the street, make damned sure he can get every scrap of garbage from the bottom of the fridge back). Have the locks changed at the same time. Offer him the key to the storage unit if he'll sign an eviction agreement, and point out that suing you will get him a whopping $150 in fines (might want to check on the actual limit in your own state) and will take six+ months to get his stuff back.
/ IANAL, but know someone who does this fairly regularly for deadbeat tenants.
posted by pla at 8:53 PM on June 16, 2011
wait until he goes to work, and move all his stuff into a storage unit
Wouldn't this be trespassing or vandalism of some kind? Zug doesn't own this house.
posted by bluedaisy at 12:29 AM on June 17, 2011 [1 favorite]
Wouldn't this be trespassing or vandalism of some kind? Zug doesn't own this house.
posted by bluedaisy at 12:29 AM on June 17, 2011 [1 favorite]
Wouldn't this be trespassing or vandalism of some kind? Zug doesn't own this house.
Good point, I suppose it depends exactly when the property changes hands. That said, I still don't see the problem with letting the new owners deal with the problem, especially in a short sale. "Broom-clean"? The buyers will consider themselves lucky if you don't strip it of copper pipes. ;)
posted by pla at 3:25 AM on June 17, 2011
Good point, I suppose it depends exactly when the property changes hands. That said, I still don't see the problem with letting the new owners deal with the problem, especially in a short sale. "Broom-clean"? The buyers will consider themselves lucky if you don't strip it of copper pipes. ;)
posted by pla at 3:25 AM on June 17, 2011
NYFP. Tell the new owners to call the cops.
This guy is not acting like a friend, so he doesn't deserve to be treated like one.
posted by zombieApoc at 6:00 AM on June 17, 2011
This guy is not acting like a friend, so he doesn't deserve to be treated like one.
posted by zombieApoc at 6:00 AM on June 17, 2011
This happened to me! I bought a house and the contract required the previous owner to give the tenants a 60 day notice (as per GA state law) by a certain date. He didn't, or if he did, the tenants instead choose to take the "Who the fuck are you?" approach to me. So, I had 4 gutter punks squatting in my house, growing pot on my porch, and generally having lots of sex all over the house I was supposed to live in. It sucked, the old owner moved out of the country. So I did what the new owners in your situation did, I gave them each 200 dollars to just leave and it worked. So, oddly enough, its not that uncommon, its really not your buisness anymore except to deal with your stuff, even if its just telling the tenant to abandon/sell it.
posted by stormygrey at 6:04 AM on June 17, 2011
posted by stormygrey at 6:04 AM on June 17, 2011
Hm. As I understand it, getting him moved out is the new owner's problem, not yours. They shouldn't have to pay him to leave a place he doesn't own (or even rent), but that's not your pickle to poke.
Your problems are: your personal property and the possibility that YOU unknowingly breached.
As for the personal property, find a friend you actually know and trust asap and give him / her a list of what you want. Everything else goes to a dump. Cover their costs for gas and time.
As for the tenant, it's really not your problem unless the new owners make it your problem. Technically, it was your responsibility to make sure he was out by May 2 (although the back rent since then should go to the new owners). If the new owners come after you for the trouble it takes to get rid of owner, you need to be ready to find a local lawyer or a CA lawyer who knows MI law to protect yourself. But otherwise, just tell the tenant that he is in fact in a position to cooperate with an eviction and to not touch your stuff.
IAAL in MI, but IANYL and this is not legal advice and all that.
posted by motsque at 6:08 AM on June 17, 2011 [1 favorite]
Your problems are: your personal property and the possibility that YOU unknowingly breached.
As for the personal property, find a friend you actually know and trust asap and give him / her a list of what you want. Everything else goes to a dump. Cover their costs for gas and time.
As for the tenant, it's really not your problem unless the new owners make it your problem. Technically, it was your responsibility to make sure he was out by May 2 (although the back rent since then should go to the new owners). If the new owners come after you for the trouble it takes to get rid of owner, you need to be ready to find a local lawyer or a CA lawyer who knows MI law to protect yourself. But otherwise, just tell the tenant that he is in fact in a position to cooperate with an eviction and to not touch your stuff.
IAAL in MI, but IANYL and this is not legal advice and all that.
posted by motsque at 6:08 AM on June 17, 2011 [1 favorite]
E-mail him back and say "you were supposed to move out two months ago. Move out tomorrow. Don't worry about the garage stuff, someone will throw it out."
The alleged care for your stuff is a red herring. He sat on his ass and doesn't have a place.
posted by Ironmouth at 6:13 AM on June 17, 2011
The alleged care for your stuff is a red herring. He sat on his ass and doesn't have a place.
posted by Ironmouth at 6:13 AM on June 17, 2011
So basically, he's a tenant who hasn't been paying rent and hasn't been evicted. The new owners might have to go to court and get an eviction order and get it enforced by a cop, rather than just throw the guy's stuff out on the street.
If he's telling the truth here, the new owners have decided it's worth more to pay him to leave than to go through the standard eviction process. That's on them. I'm not sure what the point is in demanding something you know he's not going to give you, but as other people have said, keep in mind that back rent after the closing is probably the new owners'.
posted by J. Wilson at 8:08 AM on June 17, 2011
If he's telling the truth here, the new owners have decided it's worth more to pay him to leave than to go through the standard eviction process. That's on them. I'm not sure what the point is in demanding something you know he's not going to give you, but as other people have said, keep in mind that back rent after the closing is probably the new owners'.
posted by J. Wilson at 8:08 AM on June 17, 2011
1. You're not the owner. You have no hold over him for back rent anymore.
2. You're not the owner. It's their business to get him to vacate or come to a new agreement.
3. You're not the owner. You've abandoned your stuff. You may need to let the new owner know this in writing.
Pay-to-quit is a recommended practice in a lot of landlording books. It's cheaper, you see, than going to court.
posted by dhartung at 11:28 AM on June 17, 2011
2. You're not the owner. It's their business to get him to vacate or come to a new agreement.
3. You're not the owner. You've abandoned your stuff. You may need to let the new owner know this in writing.
Pay-to-quit is a recommended practice in a lot of landlording books. It's cheaper, you see, than going to court.
posted by dhartung at 11:28 AM on June 17, 2011
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posted by jayder at 6:24 PM on June 16, 2011 [4 favorites]