HOA's tenant nightmare.

Started by JohnJ • 7 replies • 2153 views

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JohnJ (California)
Posts: 12

Posted:

I would like to thank everyone who has helped me with my previous situation with the nightmare tenant in my complex. If you have not read it already, I highly suggest it. Here is the link to it.

http://www.hoatalk.com/Forum/tabid/55/view/topic/postid/77382/ptarget/78608/Default.aspx

I finally got a hold of a bank representative. I was utterly amazed at what I learned from them. Apparently Mr. A has been squatting in that house for almost 2 years. The Bank's legal department gave up trying after spending over a year trying to evict him. I may be a simple guy but if a tenant has no lease, does not pay the rent, and a new landlord has control of the property, can't he be forced to move, even if it takes a few months? The renter should not have too many legal rights in this matter because he has no lease to protect himself with.

My current problems with Mr. A stem from the fact that nobody before me has ever enforced any of the laws that he has broken for the past 4 years. The sad part is that if he had not sued me frivolously and put down the name of his illegally operated business, I would have not known what the heck was going on. The landlord should have some rights I mean who could afford to pay a mortgage for 2 years if the tenant refuses to pay? I bet the property has severe damage to it. Is there anything more I can do?

JonD1
Posts: 2,350

Posted:

John:

Many parts of your story sound strange to me.

A bank is allowing this person to live rent free in THEIR property and has decided to give up? He is paying them nothing yet allowed to remain there?

Is the property worth anything in YOUR market? Could it be sold or rented in your area?

It makes no sense to me what the bank is doing unless the property is now considered valueless or not worth the legal costs.

One thing I would wonder, is the bank paying taxes on the property? If so then why?

In the event they have stopped paying property tax when will this property be foreclosed on?

The common charges on this property are they paid? By whom? If not perhaps you could move to lien the property and force the sale the property to cover the lien.

I understand in today's world many strange things are allowed to go on but there are systems in place to remove such people and the bank of all groups should know exactly the process for having this person removed.

TracieS (Colorado)
Posts: 460

Posted:

If the bank is the legal owner of the property, is the bank paying the association assessments? If not, I *think* you should be able to foreclose on them!

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

A bank is allowing this person to live rent free in THEIR property and has decided to give up? He is paying them nothing yet allowed to remain there?

Happens all the time. The bank has better things to do like banking than to spend a single dollar of payroll on trying to kick someone out. To them, the house is just an account number and a value. They proubably haven't paid taxes either and the town has a lien on the house. This is also normal for banks.

JohnJ (California)
Posts: 12

Posted:

Well the bank isn't allowing him to live there. Their legal department can't seem to figure out how to evict him. He isn't paying the bank a penny to live there. The property has lost half of its value since the house went into foreclosure 2 years ago. I am sure the bank isn't paying the property taxes or the HOA fees. We recently started the process for a lien. It took us 3 months to find out who actually owned the house. The tenant has not been cooperative at all. If he somehow manages to buy the house, he will be meeting some stiff fines from the HOA if he does not clean his act up. I will ensure that pressure will be applied for the rest of his stay.

As I stated in the other post, if somebody, anybody would have enforced the rules years ago when all of this stuff occured, I would not have inherited it and I probably would have never met Mr. A.. Now it seems like a chore because no one but me wants to enforce the rules.

JohnJ (California)
Posts: 12

Posted:

MaryA1 (Arizona)
Posts: 7,043

Posted:

JohnJ,

Of course the bank IS allowing him to live there. Otherwise they would have the P.D. in there physically removing him. He doesn't have any "tenant" rights, he isn't a tenant -- he's a squatter. Are there squatter rights I'm not aware of?

GloriaM (North Carolina)
Posts: 829

Posted:

Are the dues being paid by the landlord? Is the unit current or delinquent? If the answer is delinquent and your CCR's allow for the turning off of utilities; then I would suggest this drastic move and turn the utilitites off after following your state laws.

Because even though he may be a squatter the owner is not. After the utilities are turned off call the health dept, because they will NOT allow anyone to stay in a unit without running water and the health dept will remove this person.

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