> in the context of a civil law dispute
The squatters are very frequently committing criminal fraud, by showing a fake lease to the police to portray themselves as legitimate tenants. Leases aren't recorded like deeds, and landlords' signatures often appear in public records. So it's easy to make a good enough fake that the police will take the squatters' side. I don't know why this article doesn't mention that, but a web search ("fake lease squatter") will show this is routine.
The squatters don't expect to win their dispute in court, just to take advantage of the extended time to trial. Oakland's eviction moratorium lasted for literally years, and they're still working through the backlog. When the case finally reaches court, the squatters will get evicted but the fraud is almost never charged. So from the squatter's perspective, it makes sense to fake the lease.
From a small landlord's perspective, the tradeoff may thus be certain financial ruin waiting for the judicial process vs. a slight chance of ruin if the "nightmare cotentant" approach goes wrong. So it's no surprise the sword guy has business. The risk that his services would be used against a real tenant is partially mitigated by the risk that that tenant would sue. The fake tenants prefer to stay out of court, since the judge (and opposing counsel) will look more carefully at their fake lease than the police did.
Georgia recently created an accelerated judicial review for cases where the landlord is alleging that the lease is fraudulent, separate from default on a non-fraudulent lease. That seems like the right approach to me.
> I don't know why this article doesn't mention that, but a web search ("fake lease squatter") will show this is routine.
Same reason the article put "empty" in the title to imply they were just sitting around for speculative investing, when there's every indication the houses were intended to be immediately rented out, and are only "empty" because squatters moved in first.
If I did this to someone society liked (say, a girlfriend who had moved in and claims she is now a tenant), even as a fellow tenant, invited someone over with a sword to bear (but not "use") that sword as part of a pattern of activities intended to deprive her of her peaceful enjoyment of her tenancy including deploying "tear gas" and "smoke grenades" and play "extremely high-decibel sound" I would expect, at a minimum, I'd be looking at
1) Domestic violence
2) Harassment
3) Possibly Assault
At the very least I would expect to get booked, even if the charges didn't stick.
If I did this to some random homeless person or gang member, I'd expect basically a high five from the cops and nothing else.
Of course I do not live in CA, I live in AZ. In my state, ranchers have just straight up shot trespassers and nothing happened to them, despite the fact that by the book this would be highly illegal.
The guy doing this has discovered that in order to be convicted someone has to complain, then the police have to care, then a judge has to let it go to trial, a prosecutor has to actually want to competently build a case, and then after all that a jury actually has to convict you. I'm guessing the chance of all those stars aligning when the squatters are people literally spray painting "Kill all Bailiffs" (in one ASAP website screenshot) is next to nill.
Your analogy breaks down because the girlfriend might have a genuine claim to being a tenant and can defend that in court.
Squatters can't and won't. The whole point is it's time and money consuming to prove they're not tenants and legally evict them, not they they're actually tenants with rights to peaceful enjoyment of the property.
> I do not live in CA, I live in AZ
I've never lived in AZ, but it sounds like this may have a lot to do with it. ;-)
Personal injury is an area where plaintiffs start out with a huge advantage. Judgments are large and cases are often settled out of court by landlords' insurance companies. Not only would you have no trouble finding a lawyer, they might actively seek you out.