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Getting rid of squatters?

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exhausted

Junior Member
DC

My husband passed away last month and I'd like to sell our house which has my name also on the title and in his will. Long story short, we've had a problem with a "friend" of ours who had the key to our house and brought drifters/homeless people to our basement to live for extended periods of time.

Right now we have one man who has lived there for about 2 years. He was homeless before (living under a bridge) and still is unemployed. He didn't ask our permission to move in. The basement has water, but no heat, kitchen, or bathroom. We were worried about him starting a fire and asked that he not cook down there. He has since set up a microwave, hot plate, and TV, he's quite comfortable. He intimidated us and told us not to enter the basement and even threatened to set the house on fire if we kick him out.

My potential buyer said he has to be out before they will close the deal. I'm rather in a hurry to sell this house so I can give some of the sale money to my daughter so she can buy her first home and my room at a retirement home will be available at the end of the year (I will find temporary housing in the meantime). But I've made an agreement with the potential buyer that I could remain here through the summer.

I can't simply ask him to leave, he won't. If I got the police involved, he could come back and retaliate. After all he has tons of property in there and has no where to go. He'll be angry with me because he sees that I'm still in the house. A real estate agent told me he has legal rights and could cause problems and force the sale price of my house to go down. I don't know what to do? please help!
 


BelizeBreeze

Senior Member
you have a tenant. Evict him. If you have proof of his threats against the property, you can get an order of protection against him which will keep him from the home.
 

exhausted

Junior Member
As I said before
I can't simply ask him to leave, he won't. If I got the police involved, he could come back and retaliate. After all he has tons of property in there and has no where to go. He'll be angry with me because he sees that I'm still in the house. He threatened to set the house on fire if we kick him out
I don't want to wake up in the middle of the night with my house on fire. No piece of paper is going to keep him from my house where all his belongings are. I need a creative action plan to get him to leave.
 

BelizeBreeze

Senior Member
exhausted said:
As I said before


I don't want to wake up in the middle of the night with my house on fire. No piece of paper is going to keep him from my house where all his belongings are. I need a creative action plan to get him to leave.
what the hell do you want from a LEGAL forum? You have no other alternative except to burn the place down yourself.
 

exhausted

Junior Member
BelizeBreeze said:
what the hell do you want from a LEGAL forum? You have no other alternative except to burn the place down yourself.
Wow are you crazy? I need to know what his legal rights are.
 

LindaP777

Senior Member
It's been my experience that money talks. Tell him you'll give him $XXX to be out by the end of the week. If he refuses, tell him you're going to evict (take a tape recorder with you & if he threatens, call the police). It may not be fair to give him money to get him out of your house, but it may work.
 

BelizeBreeze

Senior Member
The tape recorder had better be in plain view:

D.C. Code Ann. § 23-542: It is legal to record or disclose the contents of a wire or oral communication where the person recording is a party to the communication, or where one of the parties has given prior consent, unless the recording is done with criminal or injurious intent. A recording made without proper consent can be punished criminally by a fine of no more than $10,000 or imprisonment for no more than five years. However, disclosure of the contents of an illegally recorded communication cannot be punished criminally if the contents of the communication have "become common knowledge or public information."

Anyone who illegally records or discloses the contents of a communication is subject to civil liability for the greater of actual damages, damages in the amount of $100 per day for each day of violation, or $1,000, along with punitive damages, attorney fees and litigation costs. D.C. Code Ann. § 23-554.
 
First, I'd like to offer my condolences on the loss of your husband.

Just like BB said: he's a tenant; he's entitled to written notice to move and a court hearing when he doesn't. That's the legal side of this issue.

Now, the touchy-feely part...:)

How can you help him move on? Offer a tidy sum of cash to clear out the basement. Payable when the basement is empty. Contact any/all charitable agencies (community action groups/ministerial alliance)--find out what they can offer in the way of help.

I'm not dismissing his threats. He's probably afraid...your basement has been his shelter. He doesn't have anywhere to go. While it's not 'your' problem, you're the one who must deal with it. Put yourself in his shoes. How would you like to be treated? Don't let him intimidate you. Be firm and compassionate.

Good luck.
 

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