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Soldier Loses House To ex-Convict Squatters While Deployed.

Discussion in 'BBS Hangout' started by hotballa, Apr 24, 2014.

  1. REEKO_HTOWN

    REEKO_HTOWN I'm Rich Biiiiaaatch!

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    Well the law says there's a think called due process and folks are innocent until proven guilty. These are the same things that help you if someone claims you never had a verbal agreement when in fact you did. I don't side with squatters but I do side with facts and not media sensationalism and sympathy calls.
     
  2. Rocketman95

    Rocketman95 Hangout Boy

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    Because that's not how due process works. A lot of people could be unfairly removed from their places of residence and the legal bills trying to fight that would probably be too burdensome for many.
     
  3. crash5179

    crash5179 Contributing Member

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    So your ok if I break into your house and throw my sleeping bag on your floor and refuse to leave. When you call the police I'll just say we had a verbal contract. I will get to stay until you go through the legal process of getting eviction papers to get me out. That all seems ok to you?

    Due process should work a little differently in civil cases vs criminal cases. You should have to provide proof of a contract to stay, that would be a civil case. Sending the guy to prison for breaking and entering would be a criminal case and the the owner would have to prove guilt.
     
    #43 crash5179, Apr 26, 2014
    Last edited: Apr 26, 2014
  4. krnxsnoopy

    krnxsnoopy Contributing Member

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    Generally, they'd have to prove they lived in the residence for X amount of days. In NY for example, it is 30 days. The "tenant's" status changes from "guest" to "permanent residence" after this period, and the police can't just come and remove the person. Before 30 days, they can come and remove the unwanted guest, but once they establish residency, you'll have to go to housing court to evict the person legally, which can take many months. Every state has its own laws regarding this.
     
  5. dharocks

    dharocks Contributing Member

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    "This is always so much easier in Mexico."
     
  6. Major

    Major Member

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    Again, that would happen in the court system.

    So if the person doesn't have the lease on them, they get booted?

    Because it's an easy way for an property owner to cause chaos in the life of someone they dislike. Before you kick someone onto the curb and make them homeless, you have to prove it. Remember, this is different than a B&E. To be considered a squatter, there has to be evidence of the person living there for an extended time. At that point, there is some basic level of reason to think the person might have had a right to be living there.

    That's not how it works. In the scenario you described, you would be forcibly removed by the police for breaking and entering. Now, if you lived in the house for six months and maintained the property and treated it the way a lessee would and I never challenged it, then yes, you'd be able to stay there until I was able to evict you.
     
  7. BonziWellsGOAT

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    I once squatted on a toilet in India. For 3 days....
     
  8. heypartner

    heypartner Contributing Member

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    They have toilets in India?
     

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