Woman forced to live with squatter in Detroit home

Started by garbon, October 12, 2012, 12:50:41 PM

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OttoVonBismarck

These stories come up a lot but it always ends up there is more nuance than you'd first think. Like in Cal's story, if an AP journalist just got a hold of it they'd say, "Man has to sleep in trailer while squatter lives in his home." The reality in that situation (and the one in this article) is at some point the squatter had a legal right of residence and in most jurisdictions if someone has at some point a legal right to live on the property then if they decline to leave the property when that right has expired the only legal remedy is an eviction proceeding.

In the case of the article here it's basically a landlord-tenant issue, the woman was renting the house at one point and was told that she was evicted and left, but she came back later and said she had some form of agreement to do repairs to the house in exchange for living there. Almost certainly BS for sure, but it's got enough veneer on it that you'd have to go through eviction proceedings.

If I came home from work tomorrow and some random dude was in our house (this is in fantasy land where I wouldn't immediately shoot and kill him as is my right as a Virginian in response to anyone stupid enough to enter my home illegally) I could have him thrown out under ordinary trespassing statutes because he had never been invited into my home in any form. However, the moment someone has been invited in and invited to stay as a resident then in most states you'll have to evict them.

I've heard of a case in Florida where a woman let her friend live with her for free in an extra bedroom while her friend got back on her feet economically. After a year or two the homeowner got tired of her friend and told her to leave, the friend refused. The homeowner calls the police who after studying the situation inform the homeowner that the friend is a legal tenant because she had been invited to live there and the homeowner would have to pursue eviction to have her removed. Something to keep in mind before you let people randomly live with you.

Martinus

Quote from: OttoVonBismarck on October 14, 2012, 05:55:11 AM
These stories come up a lot but it always ends up there is more nuance than you'd first think. Like in Cal's story, if an AP journalist just got a hold of it they'd say, "Man has to sleep in trailer while squatter lives in his home." The reality in that situation (and the one in this article) is at some point the squatter had a legal right of residence and in most jurisdictions if someone has at some point a legal right to live on the property then if they decline to leave the property when that right has expired the only legal remedy is an eviction proceeding.

In the case of the article here it's basically a landlord-tenant issue, the woman was renting the house at one point and was told that she was evicted and left, but she came back later and said she had some form of agreement to do repairs to the house in exchange for living there. Almost certainly BS for sure, but it's got enough veneer on it that you'd have to go through eviction proceedings.

If I came home from work tomorrow and some random dude was in our house (this is in fantasy land where I wouldn't immediately shoot and kill him as is my right as a Virginian in response to anyone stupid enough to enter my home illegally) I could have him thrown out under ordinary trespassing statutes because he had never been invited into my home in any form. However, the moment someone has been invited in and invited to stay as a resident then in most states you'll have to evict them.

I've heard of a case in Florida where a woman let her friend live with her for free in an extra bedroom while her friend got back on her feet economically. After a year or two the homeowner got tired of her friend and told her to leave, the friend refused. The homeowner calls the police who after studying the situation inform the homeowner that the friend is a legal tenant because she had been invited to live there and the homeowner would have to pursue eviction to have her removed. Something to keep in mind before you let people randomly live with you.

It's the same with vampires.

Eddie Teach

Stake through the heart works in both cases though.  :ph34r:
To sleep, perchance to dream. But in that sleep of death, what dreams may come?