What to do with squatters? (Makaha: home, tenant, living)

[smarino]

Stories like this are important to me because every now and then I go a little nuts and think about returning to the B.I. No, I'm happy here in St Pete, and trust me, these type of things never, ever happen here or anywhere else I have ever lived....except in Hawaii.

Years ago I used to see signs nailed to trees in rural Mississippi that said "Trespassers Will Be Shot and Prosecuted". The important word was "and" because it meant if you were still walking around you were going to be arrested and taken to court. It was overkill of course, no one ever got shot, but it was just the idea that it MIGHT happen that got the desired results. I would go w/ "Trespassers Will Be Arrested ans Prosecuted" even if it didn't pan out that way.

What would I do? Well, since the police won't help (and they are famous for making bad situations worse anyway) and lawyers are bad news as well, I would simply tear the house down and sell the property. It's your home, right? If these people don't have a legal contract, then it's your place to do with as you wish. At least that way you could sell the property. You will probably never be able to sell it w/ squatters in the home. Or, board it up one day when they're not home and camp out there. That means a confrontation though. Still, if you can video them breaking in that's breaking and entering, which might get the attention of the police. People won't like to hear this, but in this type of situation no matter what you do the local is gonna be right and you are gonna be wrong. Unless you're related to someone in the police department or the courts. That's how it works there, and nobody even bothers to hide it. Think of it as Animal Farm.....everyone is equal, but some people are more equal than others.

If you do a tear down properly you can salvage much of the structure, windows, plumbing, wiring, etc and sell it. Of course, this being what I assume is rural property, if you don't sit there every night the stuff will mysteriously disappear as soon as you leave.

Just get out of an untenable situation and don't do it again. Chalk it up to experience. I wish I had a better option for you, but this would be quick and effective. Spending money on lawyers, courts, etc will be just like throwing the money into the Pacific.

[KauaiPono]

you need to do an unlawful detainer.

Handbook for the Hawaii Residential Landlord-Tenant Code

hope that helps.

But giving them permission and agreeing to a rental price makes them renters and they have rights....but you do too. you just cannot "self-help" and have to go through the court system/legal process.

[virgode]

Legally you're a Landlord and verbal agreements are month to month. Typically 60 day written notice to vacate or whats required in statutes of
Landlord / Tenant Codes hand book.
Failing to vacate in the required time frame leads to the next step in the process, filing in court for eviction. They can remove their personal things within a given time frame or face Constable lock out procedures.

[LovingMaui16]

Originally Posted by virgode

Typically 60 day written notice to vacate or whats required in statutes of
Landlord / Tenant Codes hand book.
F.

That's just nutty. 60 days is to evict a rent paying tenant. If rent is unpaid a notice to pay within 5 days must be given. Then it's off to court

[virgode]

Originally Posted by LovingMaui16

That's just nutty. 60 days is to evict a rent paying tenant. If rent is unpaid a notice to pay within 5 days must be given. Then it's off to court

Its a mess..OP has no clue of state law procedure. You can bet families aware of their legal rental rights even if the OP isnt.

He can give them a 5 day notice and file for eviction within 30 days or whatevers required by state law. He must put the 5 day notice in writing, passng the message along through his son doesn't hold up in court; it only gives your renter loop holes. I doubt the OP can show any written communication or payment history.

60 day termination notice in writings an alternative for non-payment on a verbal agreement avoiding an eviction at a minimal cost to a landlord of $400.- 500. What if the renter hasn't removed personal effects prior to eviction lock out; you're looking at more issues where by law the landlord must continue access, as well as present to unlock and lock the rental space for 7-10 days, again dependent on state law. If occupants are not given access required by state law you've got another situation wherw he can be taken to court for reimbursement of personal property.

[HankDfrmSD]

Start here:

https://www.justia.com/lawyers/real-...i/kauai-county

[davephan]

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

You were going to contact an attorney back around December 1, 2016. More than a year has passed since then. Are the freeloaders still in your home? Did you get them out of your home? What happened?

[leilaniguy]

Originally Posted by davephan

You were going to contact an attorney back around December 1, 2016. More than a year has passed since then. Are the freeloaders still in your home? Did you get them out of your home? What happened?

Umm... it's just been about 5 months, not a year, since this occurred. Just sayin'.

[davephan]

Originally Posted by leilaniguy

Umm... it's just been about 5 months, not a year, since this occurred. Just sayin'.

You're right! It's been about 5 months. It probably seems like a lot longer for the OP! Hopefully, the freeloaders are out, looking for their next victim. Freeloading seems to be a way of life for some people.

[EddieLo]

UPDATE. Dave and Leilani. I flew in from my San Jose home on Feb. 9 this year. I had contacted an attorney and I gave her $1500 retainer. On arrival BOTH tenants had vacated my home and on Feb. 15 I moved in with my wife. Lots of work to be done and a lot of items were stolen such as a large two-door refrigerator! But that's ok. All are gone and all is well now. In fact, my attorney met with me and returned about $700 saying that she was charging me only for work done. One was a 5-day notice to vacate. I'm not sure exactly what worked, but whatever it was, it worked. Now I am getting home ready to sell. I do have new tenants that are highly qualified and have agreed to a short 6-month lease. They wanted a short lease cause they're moving back to the mainland. So it will work out perfectly for me. btw, this time I am asking for a hefty deposit, unlike the previous where I did not ask for a deposit because I felt sorry for them and I happen to have a big heart. But not anymore, I learned my lesson.
So looks like all is well and house will be going on the market next month and available in 6 months.
Thanks to all for you suggestions.
EL