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-   -   Neighbor in Chatham Squatting in our house. (http://www.striped-bass.com/Stripertalk/showthread.php?t=48676)

Sluggoslinger 04-25-2008 10:21 AM

Neighbor in Chatham Squatting in our house.
 
OK, where to begin... My parants have a neighbor in chatham who recently went through a divorce, had a nervous breakdown and started drinking a fair amount. Long story short he stopped paying the mortgage on his house and it got forclosed and sold. He asked my father if he could stay for a night after the close of his house and as a good neighbor my father says sure and the neighbor says he'll be out the next day. My fater is 73 and just a good man that doesn't ever get mad and always wants to help people.

Yesterday my father decides to head down to the cape to check on the house and spend the weekend. When he arrives the place is an absolute mess, there is a kitty litter box in the living room for his cat and he has his little poodle there. The basement is filled with boxes and apparantly he is living in my bedroom in the basement (where all my fishing stuff is). Outside is a dump with boxes and furniture in the lawn.

My father said he walked around the house and got in his car to drive around and regain his calm. He was so distraut he was shaking. He came back and told the neighbor that if everything wasn't out by Thursday then he would have it taken to the dump. It was a hard thing to do since this guy has no place to go but its not our problem.

He called me this morning asking for advice. I'm in california so i can't be of much help but if i was there i'd want to kill the guy for taking advantage of my father. First off i'm worried that this guy has no place to go and no money so he could do well hauking a bunch of our stuff and taking off. Second i know he won't be gone by thursday and this is going to get ugly, no question about it. We are going to have to use force to get him out and that is something my dad just doesn't have in him...

Can we get the police involved? What would you do? A lawyers advice would be great...

RIJIMMY 04-25-2008 11:27 AM

call the police.

partsjay 04-25-2008 11:40 AM

I would call the Police as well......

eastendlu 04-25-2008 11:45 AM

Call the cops.

Clogston29 04-25-2008 12:03 PM

call the police ASAP. the longer he's there, the harder it'll be to get him out. also, you want to get it on record as early as possible that he was not invited and that you do not want him there

Rockport24 04-25-2008 12:59 PM

geez, this sounds horrible. I agree, call the cops ASAP

nightfighter 04-25-2008 05:23 PM

I know how you could get the local HAs to give him a visit......

mosholu 04-25-2008 05:41 PM

I would get a lawyer involved before going to the police. My reasoning for this is you are going to need a plan of action to first bar him from the house and then remove his gear. You want him out of the house with the locks changed to deny him access. What you do not want him to do is to have him in the house knowing that you have taken some kind of action against him. Worst case scenario this could lead to a situation where he causes all kinds of damage to the house.
Once you know legally what you can do if you have any male family members in the area it may be a good idea to have them go with your dad so he does not get to stressed or threatened.

spence 04-25-2008 05:58 PM

Assume he's going to claim that your father said he could live there and that now it's his shelter. Good advice on speaking with an attorney before going to the PD, although I'd make sure this was all done ASAP.

Not sure if you can but I'd see if you could sue the man for back rent :hee:

-spence

buckman 04-26-2008 08:07 AM

I wouldn't call an attorney. I would call the cops asap. The attorney will just cost you alot of money and the cops are already getting paid to do their job. He's trespassing.Plain and simple.

tattoobob 04-26-2008 09:44 AM

1st thing I would do is get a plane ticket on the next flight and get here asap. then I would get my brother and beat the f'n crap out of him and teach him a good lesson on how not to take advantage of the elderly.

okay back to the real world, I would wait for him to leave change the locks and move all his stuff out side, then in a week if it's not gone I would have it hauled to the dump

the cops will be little help, got any gangsta friends?

Swimmer 04-26-2008 01:08 PM

I hope your father has called the police in Chatham. They can't physically throw him out but they can keep the peace while your father and his friends do. I wouldn't give him until sundown. I'd start moving his chit outside on the lawn five minutes ago.

I would think though that after your father tells him he is tressapssing in the presence of an officer he is arrestable if he doesn't beat it. He has no rights to be there whatsoever. None, nada.........

Little Round 04-26-2008 01:50 PM

Steve I will send my brother over! Then he will leave:wave: The police in Chatham won't do anything. That is a fact. I watched a fight where one women smashed this other girls face off a boat trailer and they said they couldn't do anything b/c they didn't see it. The thing is that there were witnesses and they just left. They say the same thing for theft. If they don't catch someone in the act they won't arrest them.

Sluggoslinger 04-28-2008 12:28 PM

So here's an update. My father went to the police on friday and the said they would patrol the area and keep an eye on things. They also said they would be present when he kicks him out. They also got in touch with is sister and had a talk with her. Her remark "Its too bad that this couldn't have worked out". Personally i would have wanted to slap the b**ch... but again they remained calm and wrote her off.

I still can not believe he let the guy stay until thursday and have presented every situation possible ie he could commit suicide, burn the house down etc. Anyway, i think my father is going to stay down in the cape until he is out.

I'll keep you posted of any updates. This sucks being 3K miles away b/c if i was still in boston i would have been there this weekend and taken his stuff to the dump.

Thanks for the advice.

keeperreaper 04-28-2008 08:55 PM

Steve let me know what is up. I'll be down on Wednesday and can help remove him. Peacefully or forcefully. I am sure Alans brother will take care of it before I get down. Get my number from Alan.:deadhorse:

BigFish 04-28-2008 09:02 PM

Jingle your keys and lure him into the car for "a ride"! Then drive about 200 miles away, toss a milk bone onto the side of the road and when he gives chase......burn rubber......thus leaving him there.:tooth: Just hope he does not have one of those chips hidden inside his skin!:jester:

Duke41 04-28-2008 09:35 PM

Kick him out tommorow get the police there and throw his ass out.

Swimmer 04-30-2008 01:07 PM

Is this bum out yet?

Sluggoslinger 05-01-2008 12:45 PM

would you believe that he conned my dad into staying until sunday... I'm trying to remain calm here. My father just doesn't have the heart to thow the guy out on the street.

I'm so tempted to pick up the phone and tell the guy how i feel but we'll see. What a mess...

EarnedStripes44 05-01-2008 01:03 PM

doesnt sound like its getting better. I understand he is your neighbor but pet odors and junk. He is abusing your dads good nature.

The Iceman 6 05-01-2008 03:40 PM

Sunday will turn into next week. Get him the f out asap! Have somebody get over to your dad's house and force him out....

Slipknot 05-01-2008 06:05 PM

Quote:

Originally Posted by The Iceman 6 (Post 586507)
Sunday will turn into next week. Get him the f out asap! Have somebody get over to your dad's house and force him out....

He's right :realmad:
hell, I'll do it for you tomorrow if you want:exp:
Let me know.

That guy needs to go and the locks changed ASAP

I feel bad for your father, at his age he should not have to deal with that guy.

Sluggoslinger 05-01-2008 06:15 PM

If it gets past sunday... then i'm going to step in and give the guy a call and make things happen. I agree with asap but my father is also set in his ways and he owns the house so he can make those decisions...

Raven 05-01-2008 06:25 PM

S.S.
 
as your friend i have to tell you this....

having your DAD deal with this situation is completely wrong...

for one reason... the stress factor

so what you do is authorize other people to do your JOB
of getting him out since you cannot just leave cali on the spot.

thats understandable to me because i've been in that same scenario many times

you can command an S_B army to go over there with just a few strokes of
your keyboard ..so quit stalling and jusy say the magic words

i know that sounds over simplified but i'm thinking about your DAD's health above all else

GattaFish 05-01-2008 06:32 PM

Quote:

Originally Posted by The Iceman 6 (Post 586507)
Sunday will turn into next week. Get him the f out asap! Have somebody get over to your dad's house and force him out....

This is not looking good,,, the longer he stays the longer he has to get out,,,,, If he stays to long it is going to take MONTHS to get him out and will most likely cost a fortune with attorneys,,,,

Now since your dad said he can stay it is looking more like he does actually live there,,,, and the police will no longer have jurisdiction and will not be able to escort him away for trespassing.

Unfortunately it is in your best interest to send the guy packing ASAP

Raven 05-01-2008 06:44 PM

your right on target ICE
 
Quote:

Originally Posted by The Iceman 6 (Post 586507)
Sunday will turn into next week. Get him the f out asap! Have somebody get over to your dad's house and force him out....

except it should be a big bunch of somebodies all at once
and after all the stuff is out ...we can all crack some beers and have a good belly laugh

zacs 05-01-2008 07:02 PM

Quote:

Originally Posted by GattaFish (Post 586549)
This is not looking good,,, the longer he stays the longer he has to get out,,,,, If he stays to long it is going to take MONTHS to get him out and will most likely cost a fortune with attorneys,,,,

Now since your dad said he can stay it is looking more like he does actually live there,,,, and the police will no longer have jurisdiction and will not be able to escort him away for trespassing.

Unfortunately it is in your best interest to send the guy packing ASAP

i highly doubt it. when you are ready to get him out of there, you tell him nicely to leave, if he doesn't go, you call the cops, tell em he's trespassing, end of story.

What would possibly make you think the police would no longer have jurisdiction? Its his house, there is no lease, and the guy is trespassing. Even if you let him stay today, if you ask him to leave tomorrow he is trespassing.

Wait until monday and then go kick the guy out. End of story.

Sluggoslinger 05-01-2008 08:53 PM

I work in real estate so i am familiar with the laws. As soon as my father accepts money from him he becomes a tenant and then things fall into a gray area and removing him will be difficult.

Trust me, i've tried to take this into my hands and begged them to let me just do it from out here but they are stubborn. After sunday if he is still there then we'll take it up a notch.

THe worst part is this guy is sleeping in my bed and my wife doesn't even want to be in the room anymore after that. what a pain in the a$$.

Raven 05-01-2008 08:56 PM

yeah i can dig it...so we'll gut that friggan room, re-rock it ,mud it paint it and it'll be virginal

Raven 05-01-2008 08:58 PM

Quote:

Originally Posted by Sluggoslinger (Post 586593)
who's been sleeping in my bed?.

oh man oh man....sounds just like goldilox and the three bears

Raven 05-01-2008 09:01 PM

balboa island hmmm sounds familiar,,,

i must be thinkin of balboa park and or other San diegan islands tho

Raven 05-01-2008 09:02 PM

so ummm
 
do you have a short little guy in a tux
that says boss boss the plane

.......................................the plane :tooth:

Sluggoslinger 05-01-2008 09:08 PM

Quote:

Originally Posted by Raven (Post 586597)
balboa island hmmm sounds familiar,,,

i must be thinkin of balboa park and or other San diegan islands tho

its in newport beach south of LA. Its just a little island in the harbor. the bridge is about 100 yards...

http://maps.google.com/maps?rls=com....num=1&ct=title

The Iceman 6 05-02-2008 08:03 AM

Quote:

Originally Posted by Raven (Post 586595)
yeah i can dig it...so we'll gut that friggan room, re-rock it ,mud it paint it and it'll be virginal

Right on Raven!

GattaFish 05-02-2008 08:44 AM

Not so fast
 
Quote:

Originally Posted by Sluggoslinger (Post 586593)

The worst part is this guy is sleeping in my bed and my wife doesn't even want to be in the room anymore after that. what a pain in the a$$.

This is your biggest problem,,,,, and the most frustrating one,,, and I really see where she is coming from,,,,

Quote:

Originally Posted by zacs (Post 586563)
i highly doubt it. when you are ready to get him out of there, you tell him nicely to leave, if he doesn't go, you call the cops, tell em he's trespassing, end of story.

What would possibly make you think the police would no longer have jurisdiction? Its his house, there is no lease, and the guy is trespassing. Even if you let him stay today, if you ask him to leave tomorrow he is trespassing.

Wait until monday and then go kick the guy out. End of story.

Careful.....Its not the end of story anymore.

Lets just hope he leaves and does not put up a stink,,,,, which I think will be the case,,,, BUT, if not

Just so you know you do not need a lease to be a tenant. Nor is there a min time frame for living as one. How long has this guy been LIVING there? couple weeks now ?

And since his dad said he could stay longer the guy now has been granted an At Will Oral Tenancy and has a right to LIVE there, in the house alone, not stay with them, until Sunday. Unfortunately this house does become this other guys shelter until Sunday. If he pushes it he could possibly make his dad follow the laws of eviction. I think all he has to do is claim it as his shelter. It would depend on the Mass Laws.

He was trespassing,,, not anymore... Now he is living in the house.

It really depends on what the guy says (claims) and how the police want to handle it,,,, if he does not leave.. If they say he has to have him evicted then they only have jurisdiction to follow the eviction, not just go in and drag the guy out because it is the right thing to do.

Unfortunately Slinger's father has a heart of gold and this guy has already taken advantage of it,,,, It is a shame,, the right thing of kicking the guy out on the street ASAP may not be the legal thing anymore.

Raven 05-02-2008 08:55 AM

grrrrr
 
i'll knock him out and carry him outta the house...

wrecked ankle and all....

the police can arrest me if they want to...afterwards...

man this thread boils ............my Scottish blood...:whackin:



hidden note below
_ err sorry ...i've been under allot of stress lately
and i'm ready to explode on somebody or some thing...

GattaFish 05-02-2008 11:24 AM

Bingo
 
Raven.......

I totally agree,,,,, I like your style too,,,,,:D and no question if he does not leave on Sunday this is the right thing to do,,,,, hmmmmm,,,,ok,, well maybe the carrying the guy out part will have to be enough,,,

funny note,,,, just try to go fishing ASAP,,,, It should help,,,

I am pretty sure this will work out ok,,, I think the guy is honestly just stuck,,, It sure is frustrating to hear in the mean time though,,, and its not even my family,,, If it was I might just lose my mind,,, So Slinger is handling it better than I would....

I am also not trying to be the devils advocate, only trying to let people know that when the law gets involved sometimes it has a weird way of making things tougher and costing lots of $$$...

fishbones 05-02-2008 11:41 AM

I would very firmly ask him to leave by Monday morning and if he asks for a few more days, tell him that you are going to get the authorities involved. If he doesn't respond to the threat, call the cops. Your dad doesn't need the stress of trying to forcefully remove the guy. Let someone else do it.

This whole thing reminds me of the saying "No good deed goes unpunished".

Sluggoslinger 05-02-2008 11:47 AM

are their any lawyers here who know what type of rights he could be getting by staying? I'm pretty sure we can just kick him out but not 100% is he now living here?

spence 05-02-2008 12:05 PM

Quote:

Originally Posted by Sluggoslinger (Post 586733)
are their any lawyers here who know what type of rights he could be getting by staying? I'm pretty sure we can just kick him out but not 100% is he now living here?

While not an attorney, I'd wager that he has less rights if he's not physically on the property.

-spence


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