I will be the first to admit I thought I had a handle on residency, i.e. when and how it is established. I am taking excerpts from an article that appeared on April 21, 2009 in a Spokane valley newspaper under the headline:
Unwanted tenants may have moved on
and using it as the basis for this week’s post. Man, this particular scenario had me re-thinking what I thought I already knew.
It was written by Staff writer Shawn Vestal. You can read the entire article here, since I have redacted much of it. Believe me, it is worth the read. I have put my comments after the paragraph in red. That way you’ll know the article from my comments.
start article—
An elderly Spokane Valley couple, Don and Peggy Bain, both 81, let Peggy Bain’s son, Skippy Ray Davis, live in their detached garage behind their home. Unbeknownst to the Bains, Davis let a lady named Susan Pierce move in with him. Not only Pierce but several other people.
On the first of April, Davis was arrested and booked into jail for failing to pay fines associated with drug convictions.
So far, nothing out of the ordinary. Mom lets son stay in a garage outfitted as living quarters. Son invites lady friend to stay with him. Probably happens all over America and no one gives it a second thought.
When the Bains tried to enter the garage, they were denied access by Pierce and several other people. They claimed that the garage was their home and the Bains had no right to oust them. Fortunately for the Bains, some of the folks moved out upon being requested to leave the first time.
As you might guess, this is where the problems really started.
The Bains called the cops and were told by the police, “it’s still hers, and you’re not allowed to go in there,” The police stated they were acting under the state Landlord-Tenant Act which is intended to protect people from being thrown out of their homes suddenly and without cause.
I support my local police but I wonder if the on-scene officers were really stating the law as it is written or if they made the immediate decision that doing nothing is better than taking affirmative action like asking for a lease or some other form of rental contract.
Lt. Stephen Jones, of the Spokane Valley Police Department said that Pierce had lived in the garage with Davis and that once a person establishes proof of residence – Pierce showed a piece of mail addressed to her at the garage – the department requires an official eviction proceeding, overseen by a judge, rather than making its own judgments.
This must mean I can say my residence is 1600 Pennsylvania Ave if I have a piece of mail addressed to me at that particular spot. I always to live in a famous house with lots of chefs and staff. Hmmm, I wonder how that would hold up???
Enter the Bains’ attorney, Pete Schweda. He said the case is best viewed not as a landlord-tenant dispute, but as a trespassing or burglary. A landlord-tenant relationship never existed – the people moved in without permission, never paid rent or signed a lease, and simply refused to leave. Under the law, a “tenant” is defined as “any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.”
You and I probably share the same opinion of attorneys as a whole but in Schweda’s case I will make an exception. He probably has a copy of the law that states what it takes to establish residence whereas in the field officers had their opinion firmly in place and refused to act. I don’t know that for sure but I’d bet I’m right.
Pierce has since moved out leaving no forwarding address.
end of story—
I present this abbreviated version because it got me to re-check Nevada’s residency laws. I hope it gets you to re-check your state’s laws. I also hope it gets you to inquire of your local police how they interpret the residency laws. That’s the something you may not know.
I say that because a majority of the problem after the arrest of Davis seems to be centered around police interpretation. If Schweda is correct, the police overstepped their discretion.
Again, I don’t know that for sure. I’m merely stating what I surmise from the statements of all parties. Regardless, it served as a wake up call for me.
Article Author:
Tom KoziolTom has written 72 articles for us.
Visit Tom's Website: http://www.moneyferret.com
Joshua Dorkin
Charles Feldman
Ted Karsch.
{ 16 comments… read them below or add one }
Tom – As I said to you in my email, this is a really important article, IMO. Many people just don’t realize how easy it is to put yourself at risk in terms of giving up your rights as a property owner. Given the state of the housing market and other factors, many police departments and other government officials are putting the burden of proof square on the face of the owner, instead on squatters, and other common thieves. Landlords and banks are now at war with the law, as many municipalities are refusing to uphold that law and evict those people who should rightfully be evicted/foreclosed upon.
It is a slippery slope that is taking us in a direction of irresponsibility and lawlessness.
Frightening.
Josh – You are absolutely correct when you say the banks are at war with the law and the municipalities are refusing to uphold the law. We are living in some unsettling times. If it keeps up, what kind of times (read laws) do you suppose our children will be facing?
I just see this getting really messy. Why should we respect the law if law enforcement and the government doesn’t? Setting a precedent by ignoring the law because times are tough can spin this country into oblivion.
haha you have a good point with the white house address example. Property owners must be careful because in some states the legal rights of tenants far outweighs that of property owners. Sounds like the person who squatted in your article has had experience doing so in the past (knowing to claim rights as a tenant)
@LA Law guy:
Wrong, she was totally ignorant of the law. They said in a different article that the girl was about to leave when the police officer said, “You have rights you know. You can live here for your entire life until the court says you can’t.” It may have had something to do with the description of the woman as appearing like a streetwalker, causing the officer to be more helpful than usual. What a jackass.
I have lived in a house for over 4 years without paying a dime. What are my rights as far as squatters rights here in Texas and how do I claim these rights with the courts?
It would help if you actually lived in Texas vs. India, Michelle. The amazing thing about the internet is that we can see that you are posting from another continent. Let me guess . . . are you a paid SEO specialist?
Josh,
Nice catch. Amazing how low some people stoop. I can’t believe (s)he thought this was a schlock type of site. Geesh…
Couple of thoughts. One, Michelle’s comment actually seems a bit less generic, and with better punctuation, than one normally sees from SEO comments.
Two, I am not surprised by this. Landlords typically get the short end of the stick in court, and the rule of law is getting less and less recognition in general. Quoting Josh: “Setting a precedent by ignoring the law because times are tough can spin this country into oblivion.”
This is happening in all kinds of industries. Think of the Chrysler secured bondholders who are getting a far worse deal than unsecured creditors. What do those unsecured creditors (mostly UAW retirees) have going for them? Sympathy from the Obama administration.
The result is going to be that no rational party will lend money to any US enterprise. The resulting recession will make 2009 seem good times.
My father a senior and I leased a home, I am also a nurse, caring for my father when needed. My son/wife and two small children asked to move in due to finacial difficulties, father and I agreed, we place them on the lease. I am not on the lease. Problems occured right away with my sons wife viloence, threats, harrasment, and assult and battery with another family member,damages she knocked in the back door with a shovel, holes in the walls ect. on and on. I went to the courts with 10 pages of documentation of the events asking for a restraining order, I was shocked when I was denied.I forgot to mention my son and family moved out of the home on June 7, 2009. The wife was angry and lied filed a restraining order against me and had me immediately removed from the home. She threw all my 70 yr old fathers stuff onto the lawn and changed the locks, now remember they dont live in the home any longer. My father went to the courts and filed an elder abuse restraining order and was denied. Currently no one is living in the home awaiting yet another court date. Law enforcement have done nothing to help us the court system continually turns us down. I cant even believe this is happening…Did I mention we pay all the bills, she is on welfare. The court is saying she can do as she pleases because shes on the lease, and doesnt even live there…
I AM from Texas and I have a similar question. My parents are elderly and have some physical disabilities. They were renting from our previous landlords and were being terribly mistreated (my landlord would come in the home early in the morning, unannounced, while I was still sleeping!) They couldn’t seem to find anything they wanted to move to so I offered if they could find a mobile home they were welcome to move it to our property.
At the time we had only two children and planned to stay here and raise our children here. However, 5 children later, we are realizing our home is much too small! But my parents refuse to move. Since they have added improvements (well and septic and a garden) we offered to give them $20,000 or $40,000 if they leave the house too and let us sell. They still refuse and say they must both be dead before we can move!
From what I understand they must be here 10 years before they can claim squatters rights. So does that mean that we have until that long to hope they die (harsh, I know, but I’m fed up with this) or I have to proceed with a legal battle or is there a possibility they may claim rights sooner?
sarah,
I am not familiar with the law in Texas. Your best bet is to talk with an attorney who specializes in real estate law. Where I live, an attorney will give you 30 minutes, sometimes 60, of his/her time without charge so he/she can hear your situation and evaluate the merits. It sounds like your best bet and if you get a time freebie all you are out is that block of time.
Hi, I live in R.I. in a duplex, (landlord lives on other side). We have lived here for almost 4 yrs. Our landlord defaulted on his mortgage and his momma got him another house and he owes $215,000.00 on this house. Now he tells us that he still owns it, something to do with pres.O. (not sure).Now he tells us that he still owns the house with the bank. We never talked to the bank. So what rights do we have and will we have to move and when???? Please help, I just turned 62 today and hubby is 55.Thank you!!
Forgot to say that I am on disability but my husband still works.
Lillian,
If your senior citizen center has the same resources as ours, you will find a legal aid lawyer who can answer your questions. I don’t know if RI calls them legal aid but their name or title makes no difference. They are state bar admitted so they can speak the language. Best of luck.
I am a member of alcholics anonymous and I attend regular meetings. Around the middle of May, I ran into someone trying to get sober. She had no place to stay so I opened my home up to her. She did just as what was suggested above. She had mail delivered to the house. She was a holy terror and she was drinking and using drugs the whole time she was here. Not to mention snooping through my things when I was in the kitchen or the bathroom. I actually had to pray a little bit about this, because I was going to shoot her(I am not kidding) and then dump her raggedy ass body along the freeway. I would not have felt the least bit remorse about it. People that mistake kindness for weakness should die.