17 Investigation: Landlord still trying to evict tenant

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Updated: 4/04/2012 7:15 pm
Last month, we told you about a landlord asking for his own rental property to be condemned in Taft.

It centers around a woman, Jim Smith says, is a squatter.

Squatters don't pay rent, they may destroy your home, they won't leave, and worst of all, authorities say theirs hands are tied because it's a civil matter.

It started when Smith rented his house to a man he trusted. Then it was sublet to another person who died.

But, the deceased man's girlfriend, who according to Smith has no rental agreement, stayed without paying rent. And, trash has been piling up on the property.

Smith couldn't get the woman off the property and was hoping the county red tagged it for lack of utilities and concern about the living conditions.

We learned this week the home has been red tagged. "Confirmed the alleged violations which were unsafe housing condition. Lack of water, lack of electricity, junk, trash, very unsanitary conditions. So I ended up red tagging the two structures." said Robert Fenwick from County Code Enforcement.

But, the plan didn't work as Smith had hoped. The woman continues to keep all of her belongings in the front yard while the county is pressing Smith to clean it up.
The woman does not have any utilities turned on in the home, or any rental agreements proving she is a legal tenant.

We talked to an attorney to sort through some of the options Smith has. "The first thing to do is to try to convince her to leave voluntarily. In my opinion, somebody in that position is illegally in possession of real property. There's a criminal statue penal code section 602," said attorney Fawn Dessy.

That penal code refers to trespassing and is a criminal offense that will have to be enforced by police, which is not always easy.

And, a traditional eviction can prove difficult when you don't even know who the person is squatting in your home.
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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

ruffy - 4/6/2012 7:20 AM
0 Votes
What I don't get is if she is still there, even with crap in the yard, why does he have to go through an eviction process? Trespassers can be forcibly removed from private property forthwith.

jmabbott888 - 4/5/2012 12:36 PM
0 Votes
Anyone want to take bets that if the landlord was a cop or in city goberment this would have been handled a long time ago?

applemartin - 4/5/2012 11:10 AM
2 Votes
Seriously… if her belongings are in the front yard, call someone up to haul that crap to the dump. This man should be able to walk into the home he owns and throw her ass out. This is completely insane! If she has no papers to prove she's renting, she should have no rights on that property.

Oldfart - 4/5/2012 8:13 AM
1 Vote
Can we say bonfire, as for city hall we all know good old Harvey thanks he owns it, I for one didn't vote for him or Donney or Jerry or Obama, You know we got a lot of wrong people in office. Maybe if the people could find people to run for office that would work for the people crap like this would stop, then again this is the real world, forget it I was just spacing out again, that happens when you get old sometimes.

Paranah - 4/5/2012 7:55 AM
4 Votes
She has no legal right to be there it's private property, so she's trespassing. But the police says she's squating, and it's a civil mater. Say I get my sleeping bag and decide to be a squater in the lobby of city hall. It's public property, has electricity, restroom and running water. As a tax payer city hall belongs to me as much as anyone else, yet the police would be hauling me off in a heart beat.

RVLADY - 4/5/2012 7:54 AM
2 Votes
isn't there a trapassing law?

murph56 - 4/5/2012 7:40 AM
4 Votes
She can no longer live in the house and there is a law against setting up house in the front yard. Sounds like the landlord has his house back to me, haul all the junk off and clean up then live there himself until he can move in a renter,have her arrested if she returns.

lucyethelfred - 4/5/2012 7:10 AM
2 Votes
Sounds like a fire hazard.

ruffy - 4/5/2012 4:05 AM
1 Vote
civil case or criminal? well which is it? conflicting information there or I can't read well enough to figure that out, (not) ans hankbubba: could you maybe elaborate a little? I really don't know who you are referring to, since Columbus? 1492? what does that mean?

matcul - 4/4/2012 9:35 PM
5 Votes
Clean up your property and throw EVERYTHING in the trash. when the squatter tries to stop you, call police and prove that you are just follwing code enforcement.
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