Confronting The Squatter Living In My Home (Actual Footage)
Added: Apr 29, 2024
In this podcast episode, Flash Shelton discusses his role as the "Squatter Hunter" and how he helps homeowners deal with squatters who unlawfully occupy their properties. He shares his personal experience of dealing with squatters in his mother's vacant home, which led him to take matters into his own hands.Key takeaways
Squatters can significantly exploit legal systems, leading to lengthy and costly eviction processes for homeowners. Squatters can delay eviction by claiming bankruptcy or asserting they have nowhere else to go, complicating the legal battle for property owners.
The cost of dealing with squatters can be astronomical, ranging from $20,000 to $330,000, as legal proceedings drag on. This financial burden is exacerbated by the fact that squatters often have better legal representation.
Distinguishing between squatters and legitimate tenants is crucial, as tenants have legal rights and protections under lease agreements, whereas squatters unlawfully occupy properties without permission.
The rise of rental scams, where individuals pose as landlords of properties they do not own, further complicates the issue of squatting. These scams can lead to unsuspecting tenants facing legal disputes with actual property owners.
Social media and public awareness play a significant role in shedding light on the tactics used by squatters and the legal loopholes they exploit.
Challenges Faced by Homeowners
One of the main challenges faced by homeowners dealing with squatters is the lengthy eviction process. Shelton mentions that squatters can exploit the system by filing for bankruptcy or claiming they have nowhere else to go, which can delay the eviction process by an additional 90 days. Additionally, homeowners often struggle to collect on judgments against squatters, as many squatters do not have assets or resources to pay restitution.
Protecting Your Home from Squatters
Shelton provides advice on how homeowners can protect their homes from squatters. He recommends installing surveillance cameras with Wi-Fi capabilities to monitor the property remotely. Additionally, he suggests having an alarm system with armed response and registering no trespassing signs with local law enforcement. By taking these precautions, homeowners can deter squatters from entering their property illegally.
The Cost of Dealing with Squatters
One of the main challenges homeowners face when dealing with squatters is the high cost involved in legal proceedings to evict them. Shelton mentions that the expenses can range from $20,000 to $330,000 and can take several months to resolve. He also points out that squatters often have better legal representation, making it difficult for homeowners to remove them through traditional legal channels.
Differentiating Between Squatters and Tenants
Shelton discusses the importance of distinguishing between squatters and legitimate tenants. He explains that tenants have legal rights and protections, such as paying rent and having a lease agreement. In contrast, squatters unlawfully occupy properties without permission and often resort to deceptive tactics to establish false tenancy.
Handling Scams and Fraudulent Rental Agreements
The podcast delves into the issue of rental scams where individuals pose as landlords and rent out properties they do not own. Shelton shares examples of cases where unsuspecting tenants fall victim to these scams and find themselves in legal disputes with the actual property owners. He emphasizes the need for thorough verification and documentation to prevent such fraudulent activities.
The Role of Social Media and Public Awareness
The podcast highlights the role of social media in raising awareness about the issue of squatters and the challenges faced by homeowners. Shelton mentions that his videos and online presence have helped shed light on the tactics used by squatters and the legal loopholes they exploit. He also discusses the need for legislative changes to address the growing problem of squatters taking over residential properties.
Commonalities of Squatters
Shelton mentions that he has personally dealt with about 10 cases of squatting in the last 45 days. He notes that squatters come from various age groups and backgrounds, but he has observed a sense of entitlement among them. He speculates that the rise in squatting may be due to a generational sense of entitlement prevalent in society.
The Process of Dealing with Squatters
Shelton outlines a three-stage process for dealing with squatters. The first stage involves consultations and advice to homeowners on how to handle the situation. If homeowners decide to hire his services, the second stage includes surveillance and reconnaissance to gather information about the squatters. The third stage may involve a possible move-in to make the squatters' living conditions uncomfortable and encourage them to leave voluntarily.
Legalities and Tactics Used
Shelton explains that he can legally place cameras in common areas of the property but not in private spaces like bedrooms and bathrooms. He mentions using tactics like playing loud music, blocking access to essential services, and making the living conditions unpleasant to encourage squatters to leave. He also highlights the importance of being humane in dealing with squatters, especially in cases involving vulnerable individuals.
Case Study: Adam Fleischman
Shelton shares a specific case involving Adam Fleischman, the founder of Umami Burger, who squatted in a property. Fleischman refused to pay rent, claiming he had rights as a tenant even without a lease. Despite efforts to resolve the situation, Fleischman displayed narcissistic behavior and lacked remorse for his actions. The situation escalated to the point where the homeowner tragically ended her life after Fleischman's eviction.
Legal Ramifications and Posting Videos
Shelton addresses concerns about legal repercussions for posting videos of squatters online. He explains that he lets the squatters tell their own stories, which helps avoid defamation claims. He also discusses the distinction between civil and criminal matters in resolving squatting disputes, highlighting the paperwork and settlement process involved in civil court proceedings.
Legal System and Squatter Rights
Shelton highlights the fact that squatters are often given legal protection and have access to resources that help them stay in a property, while homeowners struggle to navigate the legal system.
He explains that the legal system tends to favor tenants over homeowners, as tenants are presumed to have possession of a property. This presumption puts homeowners at a disadvantage when trying to remove squatters from their homes. He mentions that judges are bound by certain boundaries that require them to rule in favor of the tenant or squatter, making it challenging for homeowners to regain possession of their property.
Legislative Efforts to Address Squatting
Shelton discusses a new bill in Florida introduced by Governor Ron DeSantis that aims to address the issue of squatting. The bill makes it a misdemeanor to make false statements in writing, a felony to unlawfully occupy a residential dwelling, and a first-degree felony to advertise the sale or rent of a property without legal authority. Shelton commends the bill as a step in the right direction towards protecting homeowners from squatters.
Shelton emphasizes that the issue of squatters should not be a partisan issue and calls for bipartisan support for legislative efforts to address squatting. He believes that squatter rights should be reformed to protect homeowners and ensure a fair legal process for all parties involved. He urges policymakers to prioritize the needs of homeowners and work towards creating a more equitable system for resolving squatting disputes.
State Differences in Squatter Rights
Shelton notes that some states are more squatter-friendly than others, with California being known for its lenient laws on squatting. In contrast, states like Texas and Oklahoma have stricter regulations on squatting. However, he highlights that squatters can still exploit loopholes in the law regardless of the state's regulations, making it a widespread issue across the country.
Castle Doctrine and Home Defense
Shelton expresses support for the Castle Doctrine, which allows individuals to defend their homes using force. However, he clarifies that squatters are often calculated in their approach and avoid confrontations with homeowners. He explains that squatters typically enter properties when homeowners are not present, making it challenging for homeowners to use force to remove them.
Business Model and Services
Shelton explains how he turned his experience with squatters into a business aimed at helping homeowners navigate the legal system and remove squatters from their properties. He offers services ranging from $1,000 to $20,000, depending on the complexity of the case. He emphasizes that his primary goal is to advocate for law changes that protect homeowners from squatters and ensure a fair legal process for all parties involved.
Shelton's Challenges in Dealing With Squatters
One of the main challenges faced by Shelton in dealing with squatters is the safety concerns involved. He emphasized the importance of being armed and prepared when confronting squatters, especially in potentially dangerous situations. He also highlights the need for a team of individuals to assist in removing squatters, including retired law enforcement officers and military personnel.
One situation Shelton faced was confronting a particularly dangerous squatter who had a history of violence. He recounted a risky encounter where he waited in the dark for hours to catch the squatter in the act of breaking into a property. Despite the potential dangers involved, he was determined to remove the squatter and protect the homeowner.
Squatters Occupying High-End Properties
The discussion also touches upon the trend of squatters occupying high-end properties in affluent neighborhoods like Beverly Hills and West Hollywood. Shelton mentions a case where a squatter had entered a property through Airbnb and refused to leave, leading to a standoff with the homeowner. The homeowner was arrested for attempting to lock the squatter out of the property, highlighting the legal complexities involved in dealing with squatters.
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