How to deal with a squatter

[Rob Tucker]

DanielP's advice is solid. Give the guy $100 to leave and offer him a ride to the highway.

[PaulW]

KathyH,

First you say:
"When our friend in California sent the word to make sure he was gone because he, the owner, was coming for his winter stay, the guy only moved to a different area of the property"

Then you say:
"Thanks guys, but NO I said the owner was NOT aware"

If the owner was not aware then why did he (the owner) send word to make sure he (the squatter) was gone?

I've probably misunderstood something. Maybe it's clearer to use Owner, Caretaker and Squatter instead of "he".

I hope it all gets worked out.

[DanielP]

POA shmeeOA. Doesn't matter. It APPEARS that there may have existed some form of agency, no matter how flimsy. The fact that there are these points to argue is why the police won't act and a court will have to.

Kathy, why are you arguing the point? I thought that you wanted our opinions.

I feel for your friend. He must realize where he is. This ain't california. It's HOVE! If he makes a real enemy here, he may just return to ashes.
PAY THE GUY OFF OR MAKE FRIENDS.

[rusty h]

the thing i love about puna web is learning about how things are done in the area. im really surprised that a person can come and squat on anothers property and when asked to leave they refused. lets say i have someone come watch my place and then for what ever reason i ask them to leave shouldnt they boogie? on the other hand if they were not asked to watch the place surely they should leave. this is really new to me to hear that an owner doesnt have complete control of their property.
let me get this straight...even the local police wont help? what if i offer a 100.00 bills and he refuses then what do you suggest? 200, 500? who says they wont return? why does a person have to deal with these types of what i describe as "free loaders".i would think physical force would be the answer if they refuse and the law wont help. Whats a person to do?

if they burn a place doesnt that put him in harm of revenge from the owner as well? of course im sure someone who is that off will do anything so...do what you have to do to rid the rats. sometimes force is needed. i know im askin a few questions its just ive never heard of such a problem. i know this isnt alaska but if i did that in alaska i would be fearful of what would happen to me.
still learnin the hawaiin way
peace

[DanielP]

Sounds good.

Leaving property unattended for months at a time is a dicey issue here. Unfortunate.

Dan

[Bob Orts]

Kathy, I'm sorry I was reading and replying to the post in a rush to get to a meeting and thought there was a POA. I was thinking about this and here are some additional thoughts.

Trespass laws and landlord tenant laws often conflict. Each is written from a different viewpoint, the trespass on behalf of the property owner and the landlord tenant on behalf of the tenant. Since they often conflict, Police may go with what they know or what they think is the law.

Although this is a big problem because of the conflicting nature of laws, many times Police use one law instead of the other because they don't fully understand one of them. The definition of tenant and what constitutes an agreement is clearly spelled out in law. If the person is not by definition a tenant and does not have a legal agreement as the law states, the Police have no duty to accept that person’s word over the word of the owner. If that was the case, every burglar caught in someone’s home simple has to claim they are a tenant with an oral agreement. Since that doesn't fly, so shouldn't any other claim of tenant rights.

So, I would suggest the owner gets on the phone and work their way up the chain of command until someone in the Police dept, address the issue. It may turn out that the officers were honestly following what they through the law said and not what is fact.

As an FYI, here is an except from case law on Hawaii "While defendant was "a tenant" as defined by this Code, defendant's tenancy was not as a sublessee, but as a licensee of defendant's roommate, where defendant did not have exclusive possession of the property, the unilateral right to assign defendant's interest in the property, and defendant's agreement was not for a fixed term; thus, as the holder of a license revocable at will, defendant became a trespasser when the licensor roommate's interest in the property ceased."

[james weatherford]

The owner needs to (immediately!) give the person occupying the property 45 days notice to vacate.
The appropriate court instrument is a "Complaint -- Ejectment". This can be filed (for a fee) at the first floor of the State Judiciary Building on Kilauea in Hilo. There will also be a fee for serving the papers.
The fees are recoverable, by court order, from the occupant.
While the "Complaint" may or may not be necessary, it is insurance if the occupant tries to ignore the 45 days notice.
Not real justice, but it works.


James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Beachboy]

that's BS James. It just allows the "dirt bag" more time to figure out his next move. 45 day notice is crazy. These guys wanna play "swatter right's games",well let's dance! I know of a great 'Samoan Extraction Team' on Oahu. In 45 minutes they'd have this guy running for his life, and filling his head of thoughts of never returning to this once pristine area. Why be polite, and give this guy another chance to piss on your back and call it rain?

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Let's get together and over grow the government!!!!

[Greg]

James is right. By immediately getting a court "instrument", you put a 45 day limit on the eviction. In the meantime, you can try other methods.

Threats of violence, however justified you may feel, could very well backfire.

You may have to call in a "Samoan Legal team" from O'ahu to bail you out.

[]

Stoneface

[John S. Rabi]

quote:

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Originally posted by Greg
You may have to call in a "Samoan Legal team" from O'ahu to bail you out.[]

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No need to go to Oahu, there is a Tongan Team with baseball bats here![][][]

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
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