This past summer, Daniel Toma, a homeowner in Louisville, Kentucky, invited his friend, Amy Davis, and her boyfriend, Tyler Sencuk, over for a few beers.
Afterward, when the couple’s car wouldn’t start, Toma let them spend the night in his garage while they worked to fix it. After working on the car in the driveway for a few days, they brought along a mattress and other personal belongings. That’s when things started to head south.
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The couple allegedly changed the locks on the garage, installed cable, and started to receive mail to Toma’s address — all without any formal agreement or rent payments.
“I asked them to go, my roommates asked them to go, they wouldn’t leave. We tried to tell them to leave. [Sencuk] started saying (they) had squatters rights,” Toma told WAVE. “I didn’t want to throw them out on the street, I was just trying to be kind.”
Toma put up a 30-day eviction notice around Labor Day — but the situation went from bad to worse.
Sencuk and one of Toma’s roommates got into a physical altercation, leading to Sencuk filing an emergency protective order against Toma. The judge granted the order, which forced Toma to stay 500 feet away from them — and his own home, effectively leaving him homeless.
Retired Judge McKay Chauvin told WAVE that forcing a homeowner out of their home isn’t necessarily uncommon, although it’s more frequent in cases of divorce or separation.
But, for Toma, it means he can’t sleep in his own bed. “I feel like I have no power. I feel like I have no rights,” he said.
The court’s decision in Toma’s case may have stemmed from several factors. When Sencuk applied for the protective order, he indicated Toma was a roommate — not the homeowner — so the nature of their relationship may not have been clear to the judge.
Additionally, Sencuk claimed he and Toma had an agreement that he would perform various maintenance and chores around the property in exchange for living in the garage, which may have seemed credible to the court. Toma denies this arrangement ever existed.
However, since the protective order was issued, Sencuk has moved out.
In many states, squatters’ rights allow a person to legally acquire property through a process called an adverse possession law. The time period that the squatter must occupy the property before trying to claim ownership varies from state to state.
In Kentucky, squatters who openly live on a property for 15 years may try to claim ownership of the property. Luckily for Toma, the situation didn’t get that far.
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For homeowners and landlords, squatters can pose a serious legal challenge, as seen in Toma’s case.
Eviction laws in many states can be leveraged by squatters to stay in a home they have no legal claim to. Here are a few tips to mitigate the risk of squatters and protect your property.
For starters, you can place “No Trespassing” signs on your property and install an alarm system. This may help deter any would-be squatters from encroaching on your property.
In addition, leveling up on your home security — high-end locks, window bars, and motion-sensor security cameras — will help make your property more impenetrable.
Squatters will often target properties that appear vacant, so make yours look lived-in — even if you’re not actually around all that often. Set outdoor and indoor lights on a timer, put up a “Beware of Dog” sign, and even consider having a car parked out front occasionally.
If you’re allowing someone to temporarily stay on your property, consider giving them a legal document that includes an end date.
The statement should outline the terms and conditions of their stay and whether any rent is expected. This way, you can prove your legal status if a disagreement occurs.
Finally, take action quickly to remove squatters or limit their access. The longer you allow unwelcome guests to stay, the murkier the legal matters can become.
While adverse possession requires many years before a squatter can try to claim ownerships, eviction can still take up to a month — or more — if legal complications arise.
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
