What is thequickest way to get rid of squatters that are living in an uninhabitable house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is thequickest way to get rid of squatters that are living in an uninhabitable house?
In late 2009, I inherited a home that is inhabitable (no plumbing, infestation, mold etc.). A family member needed a place to stay for a few nights last December so I agreed to let him sleep there for a weekend. Nine months later, he is still refusing to leave the house and his girlfriend is also staying with him. Since they are refusing to leave, do they have rights? Do I have to legally evict them even though they were never tenants? Is there any easier way to get them out since the house is clearly uninhabitable? Also, once I do get them out, can I sell the house as is? Or do I first have to make it inhabitable? Will a health inspector come out?
Asked on September 15, 2010 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) "Self-help" evictions--e.g. locking someone out--is never allowed. The only legal way to evict anyone is by the court eviction process. Fortunately, it is fairly inexpensive and fast, so you can do this yourself for possibly less than $100 in a few weeks, or for maybe $300 - $400 with the help of a lawyer.
1a) If they've damaged the premises while there or used utilities, you could sue them for those damages.
2) Can you sell an uninhabitable place? Yes, as long as its disclosed that it's uninhabitable, the other side is buying as such; of course, this will undoubtedly impact the market price a great deal. Trying to sell it as habitable would be fraud and a violation of a number of codes.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.