Squatters vs Trespasser (Houston, Center: renters, lawyer, house)

[Dopo]

Originally Posted by marykate1

But who is going to confirm if they have lived in the property for 30 days, 3 years or 3 hours. Squatter can always say that he/she is living there for the last 10 years.

Electrical bill? Water bill?

[City Guy997S]

come home, shoot the intruder, then dead men tell no tales!

Show the cops your mail, your deed, your license whatever and case is closed as a castle defense case!

[rodentraiser]

Different states have differing amounts of time a property must be empty before it can be legally claimed by a squatter and some states insist the squatter pay the taxes for a number of years, too.

I'm not sure where the "30 days" came from. I do know that some squatters know all the terminology and will tell the cops they've been there 30 days even if they just broke in. And many of them do have fake leases and receipts. The cops don't make the law. They just enforce it. So you can't depend on them to interpret leases and receipts. That's why you have to go through the courts to get someone evicted, otherwise it's just a he said, she said.

That lady in New York who was arrested after breaking into her own home - that case is a huge mess. Apparently, someone impersonating a real estate agent "sold" her house to someone else and that person then rented the house to the two people who were in the house. It sounds like everyone is suing everyone in that case.

[Need4Camaro]

Originally Posted by City Guy997S

come home, shoot the intruder, then dead men tell no tales!

Show the cops your mail, your deed, your license whatever and case is closed as a castle defense case!

I could see why you would want to do this but there would be enough forensics to show that they have been there for some time prior to the shooting should an investigation incur. That could end in it backfiring into a murder charge for the home owner. Follow the due process... as crappy as it might be.

[Oklazona Bound]

Originally Posted by City Guy997S

come home, shoot the intruder, then dead men tell no tales!

Show the cops your mail, your deed, your license whatever and case is closed as a castle defense case!

I am not a lawyer and you certainly are not. But if you find someone in your house, unlawfully as such a thing might be you cannot simply just open fire on them and kill them in Texas. First of all there could be another person also on the property who witnesses the whole thing and runs off. If you catch that 2nd person in the house. What is your advice, kill them also? They just witnessed you kill their friend or spouse in cold blood. Now you are potentially a mass murderer if you kill both of them. All because you don't want to evict them? What if you are not the best shot and the first shot or two does not kill them. They are on the floor begging for their life. Keep shooting? The police will do forensics. You are going to be grilled as a potential murder suspect by them. If your story does not match up to forensics. Good luck. Just horrible advice.

As you can see below you can use force to stop someone from entering your property or protect you from being harmed by them. If you find them already in your property that is different. The castle doctrine involved self defense. In the case someone is breaking into your home or trying to rob or assault you. Not because someone is already squatting in your house.

I have bought properties where someone was illegally occupying it. In one case extended family. I found out from neighbors the couple were junkies. I simply offered them $500 if they would get out and never come back. They took my offer. I could have gotten them evicted for about that much. But it would have taken longer and I would have had them angry at me, instead of happy because they had some money. You don't want them to take revenge on you for throwing them on the streets.

What is the Castle Law in Texas? The Doctrine of Self-Defense

The castle doctrine in Texas presumes that using force is reasonable and justified when another person:

1. unlawfully and with force enters or attempts to enter your habitation, vehicle, or work-place; or
2. attempts to remove you, by force, from your habitation, vehicle, or work-place;
3. was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Everyone should have security cameras their property. If you are going to be gone on vacation or have to leave for an emergency somewhere others will probably know about it. Including potentially bad people who hear about it from good people. They might not want to squat there but they might want to steal you blind. So having cameras is essential. They are not that expensive and compare that to evicting someone and paying to repair whatever they have damaged or stolen.

I have evicted a couple people in Texas. Its a fairly quick process. Less than 30 days to get them out. They probably won't even show up to court. And if they do show up and they don't have any legitimate proof they were suppose to be on the property (which they won't) they will lose and then the sheriff or constable will make sure they are removed from the property.

[Ghost Town]

Originally Posted by SanJac

TikTok’s latest contribution to American domestic tranquility is a video by a Venezuelan migrant outlining his plan for “invading a house in the United States” and taking it from the owner. “I found out that there is a law that says that if a house is not inhabited, we can seize it.” Naturally this went viral.

Wondering if that guy is pro Maduro or not?
Or maybe he claimed he doesn't like Maduro, just to get political asylum here.

[Ghost Town]

Florida already made life more difficult for the squatters. Those fake leases don't work for them anymore in FL. Now police can kick them out almost immediately.
Need to ask Texas government to do the same.

[City Guy997S]

Originally Posted by Need4Camaro

I could see why you would want to do this but there would be enough forensics to show that they have been there for some time prior to the shooting should an investigation incur. That could end in it backfiring into a murder charge for the home owner. Follow the due process... as crappy as it might be.

You are in MY house? That will be the process and no jury in America would convict you.......

Is there a statue of limitations on trespassing/home invasion? If you break in for 10 minutes or 10 days does it matter?

[City Guy997S]

Originally Posted by Oklazona Bound

I am not a lawyer and you certainly are not. But if you find someone in your house, unlawfully as such a thing might be you cannot simply just open fire on them and kill them in Texas. First of all there could be another person also on the property who witnesses the whole thing and runs off. If you catch that 2nd person in the house. What is your advice, kill them also? They just witnessed you kill their friend or spouse in cold blood. Now you are potentially a mass murderer if you kill both of them. All because you don't want to evict them? What if you are not the best shot and the first shot or two does not kill them. They are on the floor begging for their life. Keep shooting? The police will do forensics. You are going to be grilled as a potential murder suspect by them. If your story does not match up to forensics.

1. Your reference is Texas, I've never lived there. You also reference investment properties vs. someone's home. 2 different scenarios.
2. I'd kill them both if they were in my house. If I was a bad shot, then they had their chance to escape!
3. Not a mass murderer, I'd call myself the "trespass killer"

How hard do you think the cops are going to investigate? Joe Homeowner comes home from work and finds 2 strangers in his house (2 on 1), shoots them with his legal firearms, then calls 911. What did Joe Homeowner do wrong?

Sure if Joe decided to bury the bodies, was a felon that wasn't supposed to have guns, never calls the cops then they might have a case.

[Ghost Town]

Originally Posted by City Guy997S

1. Your reference is Texas, I've never lived there. You also reference investment properties vs. someone's home. 2 different scenarios.
2. I'd kill them both if they were in my house. If I was a bad shot, then they had their chance to escape!
3. Not a mass murderer, I'd call myself the "trespass killer"

How hard do you think the cops are going to investigate? Joe Homeowner comes home from work and finds 2 strangers in his house (2 on 1), shoots them with his legal firearms, then calls 911. What did Joe Homeowner do wrong?

Sure if Joe decided to bury the bodies, was a felon that wasn't supposed to have guns, never calls the cops then they might have a case.

https://versustexas.com/blog/castle-...0using%20force.

Texas Penal Code Section 9.42 requires that all three of the following circumstances exist in order for you be justified in employing deadly force to protect property.

1. You must be justified in using force;

2. Must only be to the degree you reasonably believe deadly force is immediately necessary to prevent:

a. the imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; orb. Someone fleeing from those things; or

3. To the degree that you reasonably believe that

a. The land or property cannot be protected or recovered by any other means, orb. Using a lesser force would expose you or someone else to the substantial risk of death or serious bodily injury.