Software
Houzz Logo Print
aimee_trottier

Contractors SQUATTING in my house, what do I do?

9 years ago

I hired contractors to paint the interior of my lake home. I am not there daily to check on them but am there on weekends. They were supposed to be done in 10 days and it has taken them 30 and they are not finished. My neighbor told me they have been staying in the house, and when I checked the alarm system records yesterday, it shows that they have stayed for 6 nights , in addition, they have consumed all of my food and beverage (water and coffee was offered -nothing else). I am going to have to change the locks and also feel it is appropriate to charge them for the locksmith, the food/beverages consumed/ cleaning services ( I had to spend 10 hours last weekend cleaning up their dirty rags, open food containers left all over, and my sheets that reeked of smoke and body odor in my bed), and a lodging fee of $100 a night for the nights they slept over. They have also caused damages to the glass panes in my antique doors and I know have rust/paint stains in my sink and corona counters in the kitchen . Is it fair to charge them and take off the final bill for this? Appreciate comments...

Comments (22)

  • PRO
    9 years ago

    Where did you find them?

    Aimee Trottier thanked GN Builders L.L.C
  • PRO
    9 years ago

    Ouch....Call their boss/head office and send a statement (as above) to them. Tell them you will charge them the above amounts and see what they say.

    This is technically trespassing. I would end this debacle now...Hopefully you didn't pay the full amount - that the amount withheld will be about the same as the amount they owe you for $100/night room and board + locksmith, etc.

    Call head office and deal with this immediately.


    Aimee Trottier thanked Cancork Floor Inc.
  • PRO
    9 years ago

    Get them off the premises as soon as possible! Try to be low key and not explode until you have gotten rid of them because once they have possession of your property, you may have a tenant, not a contractor.

    Consider a meeting with law enforcement officials and/or your lawyer about the relevant laws in your area.

  • 9 years ago
    last modified: 9 years ago

    exactly what Linda said. get evidence from your neighbor showing they are living there. Do not pay them a dime. you have contract? itemize costs like Cinar suggested. make a trespassing police report. Call their company and then report them to the licensing board. This is beyond acceptable. Do not pay them one dime. Did you get photos before you cleaned up? Can neighbors get photos of them at night? Their vehicles at night?? you need proof because they're going to say they didn't do it.

  • PRO
    9 years ago

    Don't even dream of going to the authorities; very bad idea. Set their stuff at the curb and move back in with a shotgun. If they've moved in for real, they have very real rights and you'll need to legally evict them. That would be a night terror compared to this unpleasant daydream.

  • 9 years ago

    laws vary from state to state, but hired workers on your house who have set up camp are trespassing. they wouldn't be considered squatters. It's an occupied residence not a vacant one, and I'm sure these workers actually live somewhere else. Just because you decide to stay in someones house doesn't automatically make you a squatter. there are many other guidelines that must be met.

    Document everything. If they give you hassle, call the police and make a trespassing report. Actually, since they ate your food, that's technically theft and could be stretched to a burglary depending upon what else was done inside. Whatever, report it.

  • 9 years ago
    Are they insured? I sure hope so, with the lawsuit they're facing.
  • PRO
    9 years ago
    This could be a lawsuit..... My suggestion is make an appointment with a face to face lawyer consult ASAP and let him handle it. Do exactly what he says to do. I would say its best to be out a lawyer consultation fee and go by the law and allow someone else who is best known for these issues and to go by the law to take action on this by the law to the tee then to do something that may not be the lawful way to handle it. ( You might even be able to include the lawyers' fee in with the other damages and theft items ). The advise already given may be totally correct however don't take any chances on getting the direct help of lawyer / legal counsel. This is a serious issue and if i where in your position that's what I would do to protect myself and get it handled in exactly the right way for the laws in your state / county / location. Better to be safe and take extra good care of yourself.
    ( I would definitely ask the lawyer if you can ask that group to reimburse you for the legal visit / advise or whatever time and work the lawyer puts into this case ). I would even go so far as to ask the lawyer if you should ask for punitive damages
    I strongly suggest a face to face lawyer consult as quickly as possible that what I would do if I where in that situation
  • 9 years ago
    last modified: 9 years ago

    Aimee, although you aren't there daily, you say you are there on weekends. If you didn't see them half done on the first weekend, and no where near completion on your second weekend, why didn't you immediately address it?

    What claim can you make at this late date since you have allowed this activity to go on for 30+ days. You state you never even checked your alarm until after 30 days. The idea that you are even considering allowing them to work one more day painting your house in light of all you now know is deeply concerning.

    Sorry to say I don't agree with the others that you can bill them, sue them, etc. Ahh if only its that easy and that's how it works. This just seems like it will play out as a He Said, She Said situation. How can you prove that you weren't in agreement? -- the job has gone on for more than 3 times its expected time frame; you've done nothing to-date to minimize your damages; and you have yet to address it with your Contractor.

    Additionally, I cannot imagine how you would have grounds to bill them for night's stay, your food, housekeeping, etc. Doubt you can even charge them with Trespass since they were in your house at your request, with the house keys and alarm access codes you provided. What if they say they were there painting during the night because conditions were more conducive?

    • I know a CA contractor who did just that this summer because the days were 106 degrees and the house had no A/C. The paint would have dried on the brush. He painting during the night and stayed in the house so he would be there when his crew arrived. Of course to his credit he first negotiated this with the homeowner, had the neighbors notified, and only he, the business owner, spent the night.

    Okay say you decide to sue. How do you plan to prove your damages to the court?

    How are you going to assess the true value of a night's stay in your house? If your house is typically used as rental property, then you have that information as a cost basis. However, if you never rent it, you can't just make up a number that just feels good to you.

    How are you going to prove the value of the food they ate versus what you ate? -- do you have the receipts and a list of all foods for the month? Did you record all that was eaten from the refrigerator and the quantity that was in each container and the portion of which only they ate versus what you ate? If it was in the refrigerator for a week and then they ate it, will you then depreciate its cost value, because it had been opened previously and therefore, not the same value had they opened a brand new jar? I would seriously doubt the courts are going to even bother with such.

    How will you assess your labor costs of cleaning up after them versus what labor you would normally expend just cleaning up after your family who stays there on the weekends? You certainly cannot use your typical hourly wage as a basis. If that were true, a Dr. could state to the courts that they normally make $500/hour, versus an office worker who makes $25/hour? Guessing you would get something less than a local cleaning company because you are not a professional cleaner.

    Yes, you can go to court, you can sue for ??? dollars, and best case scenario you win -- you will only get a judgement against them, not a check. Now, how are you going to collect the money from them, especially if you are not in that area often? This too could require several additional trips back to court asking for the Contractor's assets and then trying to collect. If they have no assets and don't pay, from where will the money come?

    If you cannot be there to sue, are you willing to hire an attorney and pay for their research time, document filings time, process server, courtroom representation, etc., etc. That could exceed the total value of your lawsuit -- remember your lawyer too will only get a judgement, not a check and you will get his bill.

    You can go on your own to small claims court, however, since you seem very timid to address this situation with the contractor, you may not have the best legal prowess in a courtroom. On you own will you have the time and knowledge to research how to sue in small claims court, have them served with your lawsuit, gather all relevant evidence (documentation, receipts, photos, notarized statements from neighbors and other witnesses, proof of damages, etc.), and outline the presentation of your case, etc.? Sorry to say, but I just don't get the feeling that you are good at defending yourself or protecting your rights or have ever been to court.

    NOTE just because you have a court date, doesn't mean that the other party can't ask for a postponement at the last minute, causing you / your lawyer, to make multiple trips to court.

    -------------------------------------------

    I can certainly sympathize that this was a bad experience. I am sorry my comments may seem negative, but it is the reality. When people do not do their due diligence in properly investigating a contractor before they are hired and don't following up on them after, they are often called litigants. Best to spend the time upfront rather than embroiled yourself in this type of situation. Ahhh sometimes when the prices seems too good to be true, it is.

    In the future, insert into your contracts "Consecutive working days" and/or "Time is of the Essence" (When used in a contract, places the other party on notice that failure to complete a required performance by a date certain set forth therein will constitute an incurable breach. ) This the courts understand.

  • PRO
    9 years ago
    Tiffany66 made some great points. That's why I had suggested to contact a lawyer because you do not know what your can do or not do. My point was to protect yourself from doing something to them that would have gotten you in trouble or caused you more issues by taking the law into your own hands and bringing more aggravation upon your own self. In light of what Tiffany66 wrote she may really know that there is nothing that you can do. So unfortunately you may just chalk it up as a learning experience so you know better for the next contractor. I hate that happened. Maybe next time things will be different for you and you will operate differently with future workers
  • 9 years ago
    They are dirtbags. Do exactly what Joseph said and forget any nonsense about how much per head you are going to charge them. If you don't own a gun, see if a friend who is a legal gun owner can stay with you for a few days. Just get them OUT and don't pay another dime. If they so much as grumble when they pick their stuff up from the curb, consider calling the police and telling them you felt "threatened" and ask them to do extra drive bys (if you are female and in the type of neighborhood where this would fly). Do you have a dog? Any friends who are in law enforcement?
  • 9 years ago
    Instead of being non confrontational, I would take a few days off work and visit the house while they are there during the week. With a large male friend and a camera.
  • 9 years ago
    last modified: 9 years ago

    My guess is these painters were not squatters since Aimee states they spent only 6 nights out of 30 doing their sleep over. I would think at the very least Aimee you would want to have already changed your alarm code as well as your locks.

    NOTE you don't have to physically change the door hardware. Any locksmith can easily re-key the locks to all be the same so you can still utilize one key for all doors.

    If you have a garage door key pad, you might also change that code. Sometimes people forget they have given that out as well.

    -------------------------------------------------------

    I would certainly think twice about bringing any other parties into your situation, especially someone with a gun. OMG Is this an event worthy of someone getting shot over? Aimee, don't you at least have an obligation to communicate with these Painters and get their side of what is going on? Way overdue if you ask me.

    Janedoe, do you not feel your suggestion is just a little extreme. Correct me if I am wrong, you are suggesting Aimee drag an innocent person into a situation Aimee has responsibility to remedy, ask they bring their gun (to what shoot someone they didn't hire -- to paint a house they don't own -- and if they don't comply with Aimee's demands to shoot them for her?), while Aimee is what calling the Police to make false allegations against the Painters???

    If Aimee follows your advise, her situation with the Painters will pale in comparison. Aimee will have a rap sheet, lose her friendship with the gun owner, be outfitted with a lovely Orange Jumpsuit, have Big Burtha as her dance partner and limited visits with her family, provided none of them were shot by the crazy friend with the gun. Nope, can't see what could go wrong with that plan.

    And JaneDoe, what if by chance Aimee does act on your suggestion, will that make you complicit in the action (liable both civilly and criminally) because she followed your advise that you posted on the Internet for all to see and where it will remain indefinitely??? Just saying.

  • 9 years ago
    Your reading comprehension needs work, Tiffany. Nobody is suggesting THREATENING anyone with a gun. Just that it might be a good idea to have one on site for the first few nights after she has gotten the painters out. Just like the millions of Americans who have guns in their homes all the time.

    This is a lake house, and it may very well be in a remote area, possibly without a lot of full-time neighbors (although there seems to be at least one). And these got have gotten into the habit of spending the night at her house!

    I certainly didn't suggest making any false accusations. I said IF they grumble about leaving CONSIDER telling the police you FELT threatened, then I further qualified by suggesting g she consider how her local police would take this. I don't see how you could interpret this to mean lie to the police.

    If you want to play silly games considering worst case scenarios, I would suggest that having to use a gun during a middle of the night home invasion would be a much better outcome than not having a gun to use during a middle of the night home invasion.

    Obviously, anything I wrote is only a suggestion. If the OP isn't comfortable with guns, then she shouldn't take my suggestion. But this is a sketchy situation and she should consider her safety,
  • PRO
    9 years ago

    I'm not a fan of going to court for disputes like this. You will waste lots of time and put forth effort and money for a very uncertain result. Just consider this another class in the School of Hard Knocks and concentrate on getting through it and moving on. Then proceed to analyze the situation and figure out how to avoid a repeat trip through this lesson material.

    Have at least one person with you when you deal with these people. Situations like this can turn sour in a hurry and you need to have someone there to support you and be a witness if necessary. You don't need to try to intimidate them, as you will likely get better results by being polite and staying calm.

    I might handle this by bringing in a crew of friends or family and have them descend in mass. While you are talking with the lead guy, your crew can help the other guys by moving their items to the driveway and carrying their drops outside and ladders outside. The idea is to come in like a whirlwind with a lot of energy and bustle around and get the stuff out of the house while those guys are standing there looking dazed and confused.

  • 9 years ago
    People think lawsuits are about winning. They are not - you will never go to trial, much less win anything worth your time. It is, however, a very effective negotiating tactic to enclose a draft lawsuit with your letter demanding they compensate you for their trespass. Nobody wants to be sued. Nobody even wants a copy of that letter to go to their insurer and hike up their rates.
  • 9 years ago

    Lots of chit chat - I think you guys scared off Aimee!

  • PRO
    9 years ago

    Lets hope Aimee is as successful at scaring off her squatters as we are scaring her away.

  • PRO
    9 years ago

    This is one of those things that makes me crazy you ask for our help and can’t even reply with thanks or whatever

  • PRO
    9 years ago

    "This is one of those things that makes me crazy you ask for our help and can’t even reply with thanks or whatever"


    Girlfriend, this is Houzz. Houzz where the contractor, designer, architect, engineer, fabricator, or cabinetmaker is always wrong and the homeowner is always right. Get used to it and check your email. I get a ton of "thank-yous" there.

  • 9 years ago

    Thank you all for your comments , quite the range of opinions and I appreciate all of your feedback . The comments in houzz have become almost as nasty as this situation . Considering I am in a high risk preganancy and physically unable to move their equipment and the fact I can't take off of work to babysit the house I chose to take the route of " what's done is done" and try to move forward with a calm and reasonable approach. The work they did is great, however they lacked professionalism along the way that will cost them a good reference and other future work. I am deducting any damages , food consumed , and cleaning fees from the final payout . I consulted the police for their advice, they suggested I manage it and if the situation became argumentative - to leave and call them but when police / authorities are involved you can forget about peaceful resolution . I'm not a litigious person and suing a mom and pop contractor in my mind is a waste of time and money . Again, no one wins . I just had a hard time accepting that they spent their days smoking and using my home when I'm busting my ass working 70 hours a week in an operating room to afford to pay them . I had a calm conversation with them and turned the job over to my fiancé manage moving forward . I explained my POV and they took responsibility . They are finishing the work today but are not allowed in the house unless me or my fiancé is present and I re- keyed the locks and alarm .wedensday night. This was a good lesson for me , again thanks for the feedback.