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‘Burdened’ Daughter of Deceased Owner Gains Access to His Home Years After Death of Tenant Who Didn’t Pay Rent

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A squatter has officially granted a homeowner access to his late father’s home, where the squatter has been living rent-free for years.

Donna Kent took possession of her father’s New York home in 2012 when he passed away.

A homeowner finally gained access to her late father's home after an intruder lived there for six years

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A homeowner finally gained access to her late father’s home after an intruder lived there for six yearsCredit: Getty
There are several ways homeowners can deal with trespassers, including calling the police

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There are several ways homeowners can deal with trespassers, including calling the policeCredit: Getty

For the past ten years, she would have wondered what was stored inside the house when her entrance was blocked due to an intruder being inside, according to NewsNation.

The intruder, identified as Kyle, told the channel that he has lived in the house for six years.

He explained that he was still inside the house because no one came to force him to leave.

“I thought eventually someone would show up, but no one did,” he said.

Kyle went on to tell the outlet that he didn’t entirely see himself as an attacker.

“I am. Technically that’s it, but I didn’t break in and I didn’t enter illegally,” he said.

“It’s just that they stopped coming and charging rent.”

While staying at home, Kyle said he kept all of Kent’s father’s belongings inside the house.

“I clearly understood the situation that someone would come back,” Kyle said.

“How would they feel if I told them I threw away their parents’ property?”

‘We won’t give up’, cries woman who found stranger living in her family home 40 years ago – police could do nothing

Finally the moment came when Kent tried to enter the house.

Kyle reportedly welcomed her inside, inviting her to sort out what was left behind by her father.

The attic would be full of his belongings.

“So much stuff everywhere,” Kent told NewsNation.

“At this point, I’m kind of overwhelmed, to be honest.”

She revealed that she found decades-old photographs, baseball cards, books and even what appeared to be ashes.

Expert Advice – Actions to take if you have an attacker

US Sun’s Emma Crabtree spoke with real estate attorney Paul Golden about what landlords can do when dealing with trespassers. Here’s what he advised:

Police

  • Call the police and hope they are able to find and remove the unwanted individual(s).

‘Self-help method’

  • This is a risky but effective method of evicting squatters and is accepted by at least one New York court “under certain circumstances,” Golden said.
  • Using this method, homeowners “just physically remove the invader(s)”
  • However, if the person is found to be “forcibly or illegally” evicted, the owners could face paying damages and even be “subject to a civil penalty and be guilty of a misdemeanor.”

Court archive

  • The third option is to take the legal route and open summary proceedings after issuing 10 days’ notice to the occupants of the property.
  • The downside to this option, Golden warned, is that “in New York City, it can take months before the court finally issues a warrant.”
  • It may take even longer for a date to be set for a city marshal to remove the trespasser.

She later revealed that the ashes appeared to belong to an animal.

“It makes me feel a little better knowing these are pets and not people here,” Kent said.

Although she was grateful to enter the home, Kent said she still felt like she was missing closure related to her father’s passing.

“I always felt like there was something there to give me some information, a glimpse into my father’s life,” she said of the house.

“I’m glad I could go into the house and see it for myself.”

SQUAT COMPLICATIONS AND LEGALITY

Occupancy and landowner rights can be a puzzle when it comes to the law.

Squatters can be a real headache for homeowners as they can move in at any time – so vacant homes need constant monitoring – and once inside they can be difficult to move.

Although tenants are invited into a property with consent, if they fail to pay, they do not actually become squatters, because there are legal protections and processes that landlords have to undertake to evict them.

Although trespassers are unwelcome guests, they are afforded similar protections and homeowners have to initiate legal proceedings to remove them.

Although the squatters are actually trespassing on the property, which is illegal, they are innocent until proven guilty, so the eviction process can become lengthy if they refuse to knock on the door and get involved.

The laws for removing someone are different for both, which adds even more complications.

Homeowners who try to forcibly remove trespassers can open themselves up to a potential lawsuit for harassment or assault, so the advice is generally to follow the rules.

Squatters also have rights, known as adverse possession, under the law that allows an individual to occupy a property and remain there without the owner’s permission.

And if they stay long enough, they can even eventually claim ownership.

It was not immediately clear whether Kyle intended to remain at home.

Trespassers have become a nuisance for homeowners in recent years as there appears to have been an increase in the number of people breaking into homes and refusing to pay rent.

How homeowners deal with trespassers can vary depending on where you live.

However, experts have revealed three general steps that homeowners can take to restore their homes:

  1. Calling the police
  2. Physically removing them yourself
  3. Submit an order to the court

Make sure you are aware of the rights of trespassers in your state before taking any action.



This story originally appeared on The-sun.com read the full story

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