Squatters destroy house, steal car...no charges.

[CoGirl303]

I dont understand this state and how squatters are protected. Why do these vermin have more rights than the homeowner?

Not to mention the homeowners have to pay thousands of dollars to lawyers and courts to get these animals out of their houses.


http://www.koaa.com/story/37433724/m...e-and-take-car


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[Eric P]

Squatters take over my house while I'm on vacation, I'll invoke make my day if they don't leave immediately.

The x who stole my guns tried breaking into my house after she was released on bail. Never made it past the door. The sheriff said I had to let her in since she established residency by living there. I refused, and said if he forces to me let her in they would be returning a few hours later to arrest me for murder. I had already tossed all her crap and there was no evidence of her ever living in the house. So it came down to he said, she said. The deputy eventually told her to go away and if she wanted in she had to go to court to get a civil ruling. I was then advised to evict her also. I consulted with the county victim advocate the next day and was told the same, but she skipped her court date that day and had a warrant. While at the sheriff's department, she happened to call the county to inquire about her rights and being allowed into her residence when her lanflord locked her out... Well the county said they would send a deputy to assist her entry, but they were going to arrest her instead for skipping bail.

Land owners need better rights. No signed contract to live on your property should mean there are no legal protections for these invaders. The police should remove them immediately and not force the land owner to pony up and feed cash to the legal system. Let the leaches pony up and prove they have a legal right to live there.

[68Charger]

To paraphrase a GnR song "what's so civil about squatters, anyway"

As soceity moves more left, they view property as more "communal"... doesn't make it right.
We considered holding CO property and renting it out while living in TX... situations like this are why we decided against that.

[encorehunter]

The last tenants I had did a lot of damage and skipped on rent. They also took the car they made two payments on under contrac5t, and took it with them when they left. I can't find them to sue them or get my car back. I went and tried to report it stolen, but because it has a contract the PD can't report it stolen. I went to the DA, who said to report it stolen. After $7000 in damages and skipping on $2200 for a car, I'm done "helping" people.
The laws are definitely written to protect law breakers. I'm no longer going to be a landlord because of all the BS laws.

[roberth]

Welcome to (D) paradise, where everything belongs to the people who didn't earn anything.

[roberth]

The last tenants I had did a lot of damage and skipped on rent. They also took the car they made two payments on under contrac5t, and took it with them when they left. I can't find them to sue them or get my car back. I went and tried to report it stolen, but because it has a contract the PD can't report it stolen. I went to the DA, who said to report it stolen. After $7000 in damages and skipping on $2200 for a car, I'm done "helping" people.
The laws are definitely written to protect law breakers. I'm no longer going to be a landlord because of all the BS laws.

That's a tough lesson.

[CoGirl303]

This is a common issue in most every state.

Lots of fail in this thread, btw.

Make my day, e.g. lawful use of deadly physical force providing for the affirmative defense against civil and criminal liability, requires a knowing and unlawful entry among it's other burdens. Let me explain that people have been successfully prosecuted in this state with that defense invalidated because of these kinds of complex situations.

In any circumstance where you have not filed a Forcible Entry and Detainer (FED action) and obtained a writ, e.g. eviction, even if the subject breaks back into your home at a later date, you will be unable to apply the "make my day law" because their entry is not, under the law, technically illegal even if they use force to enter, regardless if squatter or your ex.

That is going to be the same through the majority of the country which utilizes variations of this affirmative defense. If you kick (not evict) an ex out, they break back in, you can't apply "make my day". Kick squatters out (not evict), they break back in, you can't apply "make my day". This is also why we cannot apply "make my day" within a business during business hours, even if people come in to rob the place. (Because even if their intent is evil, their entry is not illegal). Only when the business is closed to the public is their entry illegal. * This doesn't foreclose on your ability to argue self-defense, which is only an affirmative defense against criminal prosecution. (The benefit of "Make my day" is a blanket immunity to civil as well)

That said, I have a LOT of personal experience with complicated situations such as this. A secret to "that's a civil issue" is it's also conversely a civil issue for them, one that requires a court order, and they are not in a winning position. So if someone takes your (titled and insured vehicle that is in your name) such as a family member, you will find LEO will declare it a "civil issue" and ask you to spend 10 grand to recover it via court order. Well, just take it back... wait until they go into a store or something. Blam, it's a civil issue for the other side now.

If you need to kick someone out such as squatters? Wait until they are gone, take one of those mobile connex units, unload all their shit into it and rekey the house in an organized effort. Maybe file a TPO if you can find a basis for it. (Don't use the default form, write out a petition in a word doc or whatever with the court header). Make sure you continuously occupy the house. If LEO come on e.g. a standby, vehemently deny that the people ever had residence (even if everyone knows you are lying) and explain to the LEO that it's a civil issue... for them. Refuse to provide entry unless they have a court order in hand. Oh, but you're aware they have shit in a connex located over (there, e.g. some storage facility).

*Standard disclaimer. This post does not constitute legal advice, you need to hire an attorney to obtain legal advice

screw make my day law.

I came home, squatter pulled a knife and attacked when I inquired who he was and why he was in my house, I dispatched him. Police show up. knife in squatters hand. justified self-defense. not another word to be said.


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[hurley842002]

screw make my day law.

I came home, squatter pulled a knife and attacked when I inquired who he was and why he was in my house, I dispatched him. Police show up. knife in squatters hand. justified self-defense. not another word to be said.


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So this is your defense, rather it happened that way or not?

[00tec]

So this is your defense, rather it happened that way or not?

The internet is forever

[izzy]

I could write for days on this topic. Both as a land lord and as someone who's been not allowed into their own home because of an ex. I'll sum it up though as absolute and complete hogwash. The rules are 100% not fair.