What to do with squatters? (renter, month to, lawyers)

[CSD610]

Originally Posted by EddieLo

I have a home in Kapa'a, Kauai. It's rather large at almost 2000 sq ft living space. My granddaughter, along with her boyfriend and FOUR kids moved in while I was not there without my permission. My son was living in the house, doing some work on it. I guess he felt sorry for them and let them move in. When I arrived after a few months I let them stay until they could find a place of their own. It's the same old story, "we're looking." In the meantime I found tenants who were willing to pay a little less if they would let them stay in the very large family room while they looked for housing. And that's where they live, in one large room where they moved a large refrigerator I had in the garage and using an electric hot plate for cooking. At one time the agreement was they would pay me little every month. That never happened. Oh sometimes she would send me some money, but right now she is about $5000 in arrears. A sum that they will never ever be able to come up with.
Well, it's now been over a year and a half and I can't get them out. I called KPD and they say it's a civil matter. In Hawaii landlords are the evil people, squatters are poor locals who have been exploited by the bad people with money. And thus the authorities, in this case the police, are not interested in intervening. I contacted someone who said he could help. Yeah, if I paid him $10.000.00! So now I want to sell the house but no realtor will list it as long as there are squatters living in the house.
If I go through the courts it will take a lot of time and a lot of money. The squatters have already indicated to me that they will *never* move out, that they "know their rights" HUH? What rights? Evidently there must be some kind of "rights" that you can't just put people out and make them live on the streets or the beach.
A complex issue for sure.
If anyone has any suggestions, I sure would like to hear them.
Thank you
EL

Contact an attorney who can give you the proper and legal way to get them out of your home.

[Ohky0815]

ask in the renting forum

[WaikikiBoy]

To me, it sounds like they are a tenant. While you did not originally give them permission to move in, it sounds like you did later consent and give them permission to live there. Further, it sounds like you created a verbal rental agreement with them to which they were allowed to live there in exchange for $500 per month. They paid a little and then stopped paying.

In most states, there are basic tenant landlord laws that govern situations where no written rental agreement exists.

I think you will need to begin an eviction process based on your verbal rental agreement. You can support your rental agreement case by showing the few $500 payments that were made.

I think the only way you will get them out is to get a court ordered eviction and have the sheriff enforce it.

They only other option that might work is if you buy them out ... like pay their rent for 6 months at a new place if they will move .. or offer them a lump sum cash if they move out. Dont give them any money until they and all their belongings are fully out and you've changed the locks.

Any way you go, it is going to cost you some money.

If it were me, I'd also consult my attorney as well.

[pj737]

Originally Posted by WaikikiBoy

They only other option that might work is if you buy them out ... like pay their rent for 6 months at a new place if they will move .. or offer them a lump sum cash if they move out.

If it were me, I'd also consult my attorney as well.

Good advice.

OP, you should obtain legal counsel on how to pay them off with no recourse in staying.

Many people don't consider the impact of retaliation. These are your blood relatives... they will likely never be out of your life completely. I have seen people completely lose their sanity in similar situations.

If you have the financial means to pay them off to leave, pay them off.

[EddieLo]

Como, you are right in both cases. I called KIUC and they will not turn off power as long as there is someone in the house. The elect. bill comes to the house and they pay it, so at least I'm not burdened by having to pay their utilities.

[EddieLo]

Thanks all. Good suggestions. I plan to consult an attorney. However, they are difficult to find. I've sent email to one with no response. Anyone know of someone in this field that I can contact? Highly appreciated.
EL

[Jonah K]

Originally Posted by EddieLo

Thanks all. Good suggestions. I plan to consult an attorney. However, they are difficult to find. I've sent email to one with no response. Anyone know of someone in this field that I can contact? Highly appreciated.
EL

For a Kauaʻi-based attorney, call Lorna Nishimitsu...
Lorna A. Nishimitsu - Belles Graham Proudfoot Wilson & Chun, LLP

[convextech]

If it were me, and this was my kid/grandkid stealing from me, I'd wait til the house is empty (they are out doing something), then change the locks while they are gone, throw their crap out on the lawn, and I would disown them.

[TGPILOT]

Problem with changing the locks, they would probably just break in. You would need an armed guard or something to keep them from re-entering. Good luck. I would NEVER pay them to leave, I would rather spend that on the courts and NOT give them the satisfaction of the money. But, that's just me.

[davephan]

This story reminds me of the "Nanny from Hell" in California that occurred several years ago. The 64 year old Nany had a history of freeloading in people's property and trying to shake them down before she would leave. She repeated the scam many times over the years. The nanny finally left, but I couldn't find out how they got rid of the nanny.

I guess that's a lesson to everyone to have a legal document with an end date, rather than a verbal open ended agreement, or perceived verbal agreement. The idea of waiting till they are gone, changing the locks, and posting 24 x 7 armed guards sound appealing. Maybe you'd only have the armed guards for a week, or a month before the freeloaders give up.

Maybe you could have the property tented, and fumigate the house several times, plus some armed guards to keep people out of the property, for 'their own safety', from the toxic chemicals. All their property could be hauled to the dump, so they wouldn't have any property. Or, maybe you could spray the interior of the home with skunk spray. That would get them out, but you'd have to clean up the skunk spray after they give up and leave. Usually freeloaders are lazy, too lazy to clean up that kind of a mess. However, If the freeloaders cleaned up the mess, you could repeat the skunk spaying over and over, till they give up. If the house was old, and run down, maybe you could have the house knocked down while they were gone. Then you could sell the land or rebuild after the freeloaders have given up.

Although, I'd guess that the police or justice system wouldn't allow you to do those things to your own property.