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Helping my Dad figure out if he can kick someone off the property who not a Tennant suggestions welcomed (1 Viewer)

DJackson10

Footballguy
So my dad is a contractor and has done work for a customer who was in his 90s for yrs. The owner with no family left put my dad in the WILL and he inherited this properly in April as unfortunately the dude died of COVID. He owned 4 properties in the Lower Merion District (Kobe Bryant's Hometown) of DELCO, PA area. It's in a great area with a very popular shopping area with a brewery and Apple Store with tons of resturants and all. My dad's customer was offered $1M for the property at one point and the lawyer of my dad believes it could go for $4-5.5M if my dad sells all the properties which he will as the lawyer believes cooperation are seeing how bad the COVID Is in terms of people traveling to work to the city and will possible be looking for good locations outside the city to get more office spaces and all. The dude was a hoarder so my dad has been cleaning up the places and doing the daily stuff. He doesn't have full control as another person owns a % but lives in Germany and could give up his shares. 

The Previous owner of the property my Dad's customer had an agreement with a dude named John who Lives in his Van behind one of the properties. He hooks up the van for the electric and my dad's customer allowed him to use the facilities. He paid him money each month but does not own one of the apartments. My Dad doesn't want him living there anymore because he's a problem. He got into a heated argument with a tenant and drove off and his mirror hit the tenant. The tenant said he called the cops who didn't do anything about it. My dad 2 months ago told him he had to rent an apartment (My dad has 2 empties and his customers apartment he's turned into an office to work out of as this has become his full-time job now) or he had to leave. Told him he had 2 months to move out. 2 months is past and he told the guy he had to leave today. John told him to F off and he should call the cops if he wants something done about it, as well as the fact my dad has no issue cashing the dudes checks still. My dad believes he has a right to kick him off the property and been more then fair even allowed him to stay a few more months as per the agreement with the previous owner. 

My dad doesn't want to call the cops over as he doesn't want them to say they can't do anything that minute and has to deal with the guy till then. other issues is he's afraid of retaliation from this dude as he has a temper. 3rd he's not sure what the guy and previous owner agreed to was legal and if he could get in trouble as well. My mom and I told him he should go to the Lower Merion Police station and tell the situation. Ask what options he has before making a decision. I think he needs to show the guy he's serious and call the cops. If they can't do anything right away it shows this guy my dad is serious. This is a guy you can't give empty threats too. At the same time my dad was more then fair because the agreement with the previous owner there was no contract agreement just a handshake and my dad could've told him right away he didn't want him there. 

Anyone have any suggestions or know laws about this stuff? 

 
So my dad is a contractor and has done work for a customer who was in his 90s for yrs. The owner with no family left put my dad in the WILL and he inherited this properly in April as unfortunately the dude died of COVID. He owned 4 properties in the Lower Merion District (Kobe Bryant's Hometown) of DELCO, PA area. It's in a great area with a very popular shopping area with a brewery and Apple Store with tons of resturants and all. My dad's customer was offered $1M for the property at one point and the lawyer of my dad believes it could go for $4-5.5M if my dad sells all the properties which he will as the lawyer believes cooperation are seeing how bad the COVID Is in terms of people traveling to work to the city and will possible be looking for good locations outside the city to get more office spaces and all. The dude was a hoarder so my dad has been cleaning up the places and doing the daily stuff. He doesn't have full control as another person owns a % but lives in Germany and could give up his shares. 

The Previous owner of the property my Dad's customer had an agreement with a dude named John who Lives in his Van behind one of the properties. He hooks up the van for the electric and my dad's customer allowed him to use the facilities. He paid him money each month but does not own one of the apartments. My Dad doesn't want him living there anymore because he's a problem. He got into a heated argument with a tenant and drove off and his mirror hit the tenant. The tenant said he called the cops who didn't do anything about it. My dad 2 months ago told him he had to rent an apartment (My dad has 2 empties and his customers apartment he's turned into an office to work out of as this has become his full-time job now) or he had to leave. Told him he had 2 months to move out. 2 months is past and he told the guy he had to leave today. John told him to F off and he should call the cops if he wants something done about it, as well as the fact my dad has no issue cashing the dudes checks still. My dad believes he has a right to kick him off the property and been more then fair even allowed him to stay a few more months as per the agreement with the previous owner. 

My dad doesn't want to call the cops over as he doesn't want them to say they can't do anything that minute and has to deal with the guy till then. other issues is he's afraid of retaliation from this dude as he has a temper. 3rd he's not sure what the guy and previous owner agreed to was legal and if he could get in trouble as well. My mom and I told him he should go to the Lower Merion Police station and tell the situation. Ask what options he has before making a decision. I think he needs to show the guy he's serious and call the cops. If they can't do anything right away it shows this guy my dad is serious. This is a guy you can't give empty threats too. At the same time my dad was more then fair because the agreement with the previous owner there was no contract agreement just a handshake and my dad could've told him right away he didn't want him there. 

Anyone have any suggestions or know laws about this stuff? 
And for those wondering I became involved in helping my dad with the Estate as the previous Owner died while my mom was battling COVID. I had to set up an email account exclusive for all the estate stuff but my dad not being great with technology I had to do something that would be easy that he could access simple without harassing me at work how to use it and all. My mom use to do his secretary work for when my dad coached my brothers and I for baseball/Soccer sending out emails to parents on games, practices etc. Since my mom was sick I ended up helping my dad and have kind of enjoyed it. I've helped him and my Uncle (His Youngest brother) and my aunt (hist older sister) clean up the place as well as some daily stuff when not at work (which has kept me busy with the quarantine). I just think sometimes my dad talks a big game but doesn't follow through. I think there's times he needs that extra push but he also doesn't want to do anything that maybe ILLEGAL

 
So my dad is a contractor and has done work for a customer who was in his 90s for yrs. The owner with no family left put my dad in the WILL and he inherited this properly in April as unfortunately the dude died of COVID. He owned 4 properties in the Lower Merion District (Kobe Bryant's Hometown) of DELCO, PA area. It's in a great area with a very popular shopping area with a brewery and Apple Store with tons of resturants and all. My dad's customer was offered $1M for the property at one point and the lawyer of my dad believes it could go for $4-5.5M if my dad sells all the properties which he will as the lawyer believes cooperation are seeing how bad the COVID Is in terms of people traveling to work to the city and will possible be looking for good locations outside the city to get more office spaces and all. The dude was a hoarder so my dad has been cleaning up the places and doing the daily stuff. He doesn't have full control as another person owns a % but lives in Germany and could give up his shares. 

The Previous owner of the property my Dad's customer had an agreement with a dude named John who Lives in his Van behind one of the properties. He hooks up the van for the electric and my dad's customer allowed him to use the facilities. He paid him money each month but does not own one of the apartments. My Dad doesn't want him living there anymore because he's a problem. He got into a heated argument with a tenant and drove off and his mirror hit the tenant. The tenant said he called the cops who didn't do anything about it. My dad 2 months ago told him he had to rent an apartment (My dad has 2 empties and his customers apartment he's turned into an office to work out of as this has become his full-time job now) or he had to leave. Told him he had 2 months to move out. 2 months is past and he told the guy he had to leave today. John told him to F off and he should call the cops if he wants something done about it, as well as the fact my dad has no issue cashing the dudes checks still. My dad believes he has a right to kick him off the property and been more then fair even allowed him to stay a few more months as per the agreement with the previous owner. 

My dad doesn't want to call the cops over as he doesn't want them to say they can't do anything that minute and has to deal with the guy till then. other issues is he's afraid of retaliation from this dude as he has a temper. 3rd he's not sure what the guy and previous owner agreed to was legal and if he could get in trouble as well. My mom and I told him he should go to the Lower Merion Police station and tell the situation. Ask what options he has before making a decision. I think he needs to show the guy he's serious and call the cops. If they can't do anything right away it shows this guy my dad is serious. This is a guy you can't give empty threats too. At the same time my dad was more then fair because the agreement with the previous owner there was no contract agreement just a handshake and my dad could've told him right away he didn't want him there. 

Anyone have any suggestions or know laws about this stuff? 
wow, that is a great pull by your dad. 

Lower Merion cops got more time for things like this. i would probably do the dumb thing and try to threaten the guy, which would mean he does expensive property damage on his way out. 

i would lean on calling cops to report it, so they can follow up when the guy is a pain in the ### down the road. I would follow up with a visit t the same time or after, and maybe check out a lwayer in case you have to sue the guy

 
I'm going to make this real simple.  Do not do anything, contact an attorney and a good one at that.  You've got few million dollars of found money you need not put at risk.  Per the current CDC guidelines the cops aren't going to force anyone to move there place of residence during a pandemic.

 
So my dad is a contractor and has done work for a customer who was in his 90s for yrs. The owner with no family left put my dad in the WILL and he inherited this properly in April as unfortunately the dude died of COVID. He owned 4 properties in the Lower Merion District (Kobe Bryant's Hometown) of DELCO, PA area. It's in a great area with a very popular shopping area with a brewery and Apple Store with tons of resturants and all. My dad's customer was offered $1M for the property at one point and the lawyer of my dad believes it could go for $4-5.5M if my dad sells all the properties which he will as the lawyer believes cooperation are seeing how bad the COVID Is in terms of people traveling to work to the city and will possible be looking for good locations outside the city to get more office spaces and all. The dude was a hoarder so my dad has been cleaning up the places and doing the daily stuff. He doesn't have full control as another person owns a % but lives in Germany and could give up his shares. 

The Previous owner of the property my Dad's customer had an agreement with a dude named John who Lives in his Van behind one of the properties. He hooks up the van for the electric and my dad's customer allowed him to use the facilities. He paid him money each month but does not own one of the apartments. My Dad doesn't want him living there anymore because he's a problem. He got into a heated argument with a tenant and drove off and his mirror hit the tenant. The tenant said he called the cops who didn't do anything about it. My dad 2 months ago told him he had to rent an apartment (My dad has 2 empties and his customers apartment he's turned into an office to work out of as this has become his full-time job now) or he had to leave. Told him he had 2 months to move out. 2 months is past and he told the guy he had to leave today. John told him to F off and he should call the cops if he wants something done about it, as well as the fact my dad has no issue cashing the dudes checks still. My dad believes he has a right to kick him off the property and been more then fair even allowed him to stay a few more months as per the agreement with the previous owner. 

My dad doesn't want to call the cops over as he doesn't want them to say they can't do anything that minute and has to deal with the guy till then. other issues is he's afraid of retaliation from this dude as he has a temper. 3rd he's not sure what the guy and previous owner agreed to was legal and if he could get in trouble as well. My mom and I told him he should go to the Lower Merion Police station and tell the situation. Ask what options he has before making a decision. I think he needs to show the guy he's serious and call the cops. If they can't do anything right away it shows this guy my dad is serious. This is a guy you can't give empty threats too. At the same time my dad was more then fair because the agreement with the previous owner there was no contract agreement just a handshake and my dad could've told him right away he didn't want him there. 

Anyone have any suggestions or know laws about this stuff? 
Why are you asking here instead of the lawyer of your dad?

 
Once your dad cashed his check he became screwed.  He’s going to be in court a long time trying to get this guy out.  Start the legal process now, because it may be a year or more to get rid of him.

 
I agree with everyone else that your Dad should get a lawyer. Landlord/Tenant law is state specific. I am not a PA lawyer so this is just a guess but ...

I suspect that this guy is a tenant because he paid a monthly rent. Because there is no written lease, he's on a month to month lease. Which means your dad's 60 day notice may have been sufficient to terminate that lease. But he probably also needs to give him some kind of notice to vacate to get him off the property. He will almost certainly have to go through formal eviction proceedings. Again - I don't know about PA but eviction proceedings do not have to be that strenuous. A lawyer, though, is vital. 

Also - someone mentioned the CDC ruling. That will not apply because you are not evicting him for non-payment.

 
I skimmed the story but is the guy just living in a van? If so, just cut off his access to electricity and he'll leave.
Don't follow this advice.  This could be construed as a constructive eviction and not end well.

Also - someone mentioned the CDC ruling. That will not apply because you are not evicting him for non-payment.
Technically you are correct.  I was assuming once they called the cops the guys would stop paying.  He would need to evict for breach of lease which he doesn't have (in writing).  Assuming verbal lease, then you could tell him to leave.  I suspect that needs to be done in writing and not DJax's dad telling him to leave.  In order to file they will need the guy's social security number or get him to make a statement that he's not in the military.

 
So you're asking for advice how to cut off a homeless guy's electricity in the dead of a Philadelphia winter?  At least wait until Spring.  And giving him a month's notice would be kind.  It's not easy for a guy who lives in a van to get a place to park with access to electricity/shower/toilet.  He will still likely end up having to live on public roads or in Walmart's parking lot even with a month's eviction notice.  You are going to be making this guy's life so much worse.

 
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Evictions are quick and cheap (about 3 weeks and $135 here).  If you (or your dad) have never filed one before just go to your lawyer.  

 
I skimmed the story but is the guy just living in a van? If so, just cut off his access to electricity and he'll leave.
Yep he is. The previous owner allowed him access to the electricity and facilities to bath and go to the bathroom which he did pay for. My dad doesn't want him there at all. Like I said my dad talks big but also won't do anything illegal or something the dude would retaliated 

 
I agree with everyone else that your Dad should get a lawyer. Landlord/Tenant law is state specific. I am not a PA lawyer so this is just a guess but ...

I suspect that this guy is a tenant because he paid a monthly rent. Because there is no written lease, he's on a month to month lease. Which means your dad's 60 day notice may have been sufficient to terminate that lease. But he probably also needs to give him some kind of notice to vacate to get him off the property. He will almost certainly have to go through formal eviction proceedings. Again - I don't know about PA but eviction proceedings do not have to be that strenuous. A lawyer, though, is vital. 

Also - someone mentioned the CDC ruling. That will not apply because you are not evicting him for non-payment.
The dude doesn't own any property besides the van. He's living on Property my dad no owns. My dad didn't get custody or legally could do anything (Fixing anything unless essential to tenants, getting new tenants for places vacated, etc) until he had the property ownership which was late Nov early Dec which is why my dad kept taking his checks. As legally he couldn't do anything until he acquired the ownership rights to the property 

 
So you're asking for advice how to cut off a homeless guy's electricity in the dead of a Philadelphia winter?  At least wait until Spring.  And giving him a month's notice would be kind.  It's not easy for a guy who lives in a van to get a place to park with access to electricity/shower/toilet.  He will still likely end up having to live on public roads or in Walmart's parking lot even with a month's eviction notice.  You are going to be making this guy's life so much worse.
I'd feel bad if the guy wasn't such a jerk and the fact he's already had issues with the legal tenants. One tenant and him got into it where he took off in his van and his side mirror hit the tenant. To say the least my dad has put up with this guy for longer then I think others would 

 
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It's been mentioned, but landlord-tenant/property stuff is very jurisdiction specific and you really need to get a PA licensed attorney who handles that sort of stuff. 

 
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Better call Saul 

Seriously, it’s a multimillion dollar property. Tell pops to shoot the lock off his wallet. 
Doesn't have the money yet. Previos owner was in some debt that my dad has to pay off. Luckily my Uncle his brother is well off and gave my dad the first loan for the owners tax 

 
The guy is a tenant.  That makes it a civil matter, not a criminal one, so the police aren't the answer.

Find a lawyer who does LL/T law in that jurisdiction.  Find the money somewhere to pay the lawyer (get quotes and shop around if need be), because this guy will cause damage and sour the other tenants.  Whatever you spend on a lawyer will be less than the damage he can cause.

 
So you're asking for advice how to cut off a homeless guy's electricity in the dead of a Philadelphia winter?  At least wait until Spring.  And giving him a month's notice would be kind.  It's not easy for a guy who lives in a van to get a place to park with access to electricity/shower/toilet.  He will still likely end up having to live on public roads or in Walmart's parking lot even with a month's eviction notice.  You are going to be making this guy's life so much worse.
Prius

 
Have you thought about working with the guy instead of against him?  Lawyers are expensive.  Instead, tell him that you intend on selling the property and would rather do it without anyone living on the property illegally.  Tell him you understand that it's winter so there isn't any rush.  And tell him you'll give him $500 when he leaves.  The money will give him incentive to leave quickly and on good terms.  Him leaving on good terms is in your best interests.

 
i don't even understand the problem.

i'm assuming that there is no written agreement saying that the van man can use the electricity and property.  if your dad is now the legal owner, anything that happens on the property is his right to say.  i don't understand what liability your dad is afraid of.

anyway, i know the area where you are talking about and if you want to pm me a little more specifics about location, i can go get a birds-eye view of the situation.

 
i don't even understand the problem.

i'm assuming that there is no written agreement saying that the van man can use the electricity and property.  if your dad is now the legal owner, anything that happens on the property is his right to say.  i don't understand what liability your dad is afraid of.

anyway, i know the area where you are talking about and if you want to pm me a little more specifics about location, i can go get a birds-eye view of the situation.
This is terrible advice, sorry.  The guy is a tenant.  He has been paying and has a legal right to be protected as such.  If OP's dad simply forces him off, whether through literal force or by shutting off utilities, he is likely committing a crime and at least in my jurisdiction, would be liable for all of the tenant's legal fees.

 
This is terrible advice, sorry.  The guy is a tenant.  He has been paying and has a legal right to be protected as such.  If OP's dad simply forces him off, whether through literal force or by shutting off utilities, he is likely committing a crime and at least in my jurisdiction, would be liable for all of the tenant's legal fees.
well, my specialty is bird law

and i only kind of skimmed one of the posts...

but i'm still open to a physical investigation

 
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So my dad is a contractor and has done work for a customer who was in his 90s for yrs. The owner with no family left put my dad in the WILL and he inherited this properly in April as unfortunately the dude died of COVID. He owned 4 properties in the Lower Merion District (Kobe Bryant's Hometown) of DELCO, PA area. It's in a great area with a very popular shopping area with a brewery and Apple Store with tons of resturants and all. My dad's customer was offered $1M for the property at one point and the lawyer of my dad believes it could go for $4-5.5M if my dad sells all the properties which he will as the lawyer believes cooperation are seeing how bad the COVID Is in terms of people traveling to work to the city and will possible be looking for good locations outside the city to get more office spaces and all. The dude was a hoarder so my dad has been cleaning up the places and doing the daily stuff. He doesn't have full control as another person owns a % but lives in Germany and could give up his shares. 
I think this part needs to rectified first so your dad has full power to make decisions.

 
Get him a gift card to your store.

Then when he leaves, block all the entries so he can't get back in. 

You got this.
Oh, I like this schtick.  Quasi sleazy workarounds to vague legal problems. Like we got our own Slippin' Jimmy right here in the FFA. Bravo sir, bravo.

 
I usually follow the bible in situations like this. It never fails.

1. water turned to blood

2. Frogs

3. Lice

4. Flies

5. Pestilence,

6. Boils,

7. Hail,

8 Locust

9. Darkness

10. Killing of the first born.

 
as well as the fact my dad has no issue cashing the dudes checks still.  
I just highlighted this because I thought it was important of the things you listed. 

-I wouldn't let potential retaliation stop you from calling the police to get him off the property...you are eluding to the fact he has a temper and will seek revenge but that seems a little far fetched unless this guy wants to spend the rest of his life in a jail, maybe he's at that point but it seems like a strawman argument where the right thing to do or step 1 is to have the police issue a citation and let the legalities run their course HOWEVER...

let's go back to why your dad keeps cashing his checks, an easy to way to get rid of him is not accept money and then he truly is trespassing and you should have no issues having the police remove him from a parking lot or any part of the property IMHO. 

Let the police and the legal teams handle this, tell your dad to stop taking his money and to continually let him know he is no longer welcome regardless of what the previous owner had worked out, that man is dead and things change. This guy whoever he is already knows that but doesn't want to have to find a new place, simple as that. 

 
Can you guys put up the link to Van Guy's Thread elsewhere in the FFA?  Having trouble finding the right keyword to search for it.

Thx

-QG

 
Have you thought about working with the guy instead of against him?  Lawyers are expensive.  Instead, tell him that you intend on selling the property and would rather do it without anyone living on the property illegally.  Tell him you understand that it's winter so there isn't any rush.  And tell him you'll give him $500 when he leaves.  The money will give him incentive to leave quickly and on good terms.  Him leaving on good terms is in your best interests.
Pretty much what I was going to say. But I’d give him much more. If the property is really worth that much, your dad should write a check for $5k and write up a statement for the guy to sign saying he will never come back to the property. Have him sign the letter, give him the check, and be done with it.

 
Pretty much what I was going to say. But I’d give him much more. If the property is really worth that much, your dad should write a check for $5k and write up a statement for the guy to sign saying he will never come back to the property. Have him sign the letter, give him the check, and be done with it.
This is really good pratical advice.  If the guy lives in a van down by the river I think 5k is probably overkill but do think payment more than 500 is worth offering.  I would start with 2k and go up from their a bit if need to.  Of course at the end of the day when you are talking about a $5mm property a 5K check is just 0.1% and basically nothing in the grand scheme of the deal.

I would also hire a local landlord tenant lawyer to write the letter.    

 
I just highlighted this because I thought it was important of the things you listed. 

-I wouldn't let potential retaliation stop you from calling the police to get him off the property...you are eluding to the fact he has a temper and will seek revenge but that seems a little far fetched unless this guy wants to spend the rest of his life in a jail, maybe he's at that point but it seems like a strawman argument where the right thing to do or step 1 is to have the police issue a citation and let the legalities run their course HOWEVER...

let's go back to why your dad keeps cashing his checks, an easy to way to get rid of him is not accept money and then he truly is trespassing and you should have no issues having the police remove him from a parking lot or any part of the property IMHO. 

Let the police and the legal teams handle this, tell your dad to stop taking his money and to continually let him know he is no longer welcome regardless of what the previous owner had worked out, that man is dead and things change. This guy whoever he is already knows that but doesn't want to have to find a new place, simple as that. 
I think he's at the point he will stop cashing the checks or tell the guy it got lost. The dude has had issues with tenants on the property before. Like I said a past issue got out of hand where it seemed like when he drove off in his van he tried to hit the tenant he had an issue with. SO there is some concerns of him having a temper. He's a guy who doesn't like getting called out on his BS. My dad more or less offered him to take one of the rooms not in use or leave so its not like my dad wants to just kick him out. He'd prefer if he just left but figured he won't take the bait and rent an apartment thats available. 

Another key note here is this fact: MY DAD DIDN'T HAVE LEGAL AUTHORITY TO DO ANYTHING BESIDES COLLECT THE RENT FROM CUSTOMERS OR FIX ESSENTIALS FOR PEOPLE ALONG WItH CLEANING UP PROPERTY AND SNOW REMOVAL. HE ONLY GOT THAT AUTHORITY EARLY DECEMBER. 

So it's not like my dad could legally do anything about the guy till now either. I actually agree with getting the police involved. Show the dude he's serious and let legal ramification happen if the guy does anything. Also the cops have then have a record of the guy and issues if anything were to happen and use that against him. I also liked the idea that my mom told him of stopping by the precent and talking to someone. Ask them what his legal options are. He's afraid he might get in trouble (If this was illegal to begin with letting the guy stay there) but I think what he has working for him was he wasn't the property owner at the time and he wasn't legally able to do anything yet. 

The dude my dad thought asked the previous owner if he could stay a few weeks maybe a month or two. My dad I don't think thought the guy would try to perminately live there. The Previous owner died in April. Up until December my dad hasn't been able to do much legally with the property including replacing the Tenants who have left. I would think the townership would be understanding of that.  

 

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