Western Reader
A Kentucky homeowner’s act of kindness led to a legal ordeal as his friends, Amy Davis and Tyler Sencuk, refused to leave his property and cited squatters’ rights, eventually ousting him from his own home. Daniel Toma from Valley Station, Louisville, had initially allowed the couple to use his garage while they repaired their car. However, what began as a short-term favor escalated into a prolonged legal battle.
Initially, Toma permitted the couple to stay under the impression that it would be temporary as they fixed their vehicle. However, they not only prolonged their stay but also made themselves comfortable. They moved in a mattress, hooked up a cable box, and had their mail sent to Toma’s address. When asked to leave, Sencuk refused, citing squatters’ rights.
Almost 2 years and they are finally out. We evicted, they fought. Before lockout they sued. They couldn’t beat health dept & code enforcement though. pic.twitter.com/gNKnXOuIm9
— Kevin Watson (@kevinjwatson01) February 29, 2024
Toma attempted a formal eviction by posting a 30-day eviction notice around Labor Day. However, matters worsened when Sencuk engaged in a physical altercation with one of Toma’s roommates.
Subsequently, Sencuk filed for an emergency protective order against Toma, which the judge granted. This order stipulated that Toma must stay at least 500 feet away from the squatters and his own home, essentially barring him from accessing his property.
Homeowner Found A Squatter In The Basement That Would Not Leave So He Trapped Them In There pic.twitter.com/gI6rgmm3vP
— STREET MEDIA TV (@streetmediatv) February 16, 2024
The court’s ruling seemed to consider Sencuk’s assertion of an agreement with Toma that allowed them to stay in return for chores. Toma, however, denied any such agreement. The legal entanglements, combined with the protective order, left Toma feeling helpless and frustrated, expressing, “I feel like I have no power. I feel like I have no rights. I just want to sleep in my own bed.”
In Kentucky, squatter’s rights, or adverse possession laws, enable individuals to claim ownership of property if they openly and continuously inhabit it for 15 years. Though Toma’s case did not reach this extreme, the misuse of eviction laws by squatters is not uncommon. The situation quickly escalated for Toma, leaving him with limited recourse.
Toma is now striving to have the protective order lifted and regain entry to his residence. Despite reports of Sencuk moving out post the protective order, Toma is still legally prohibited from returning home until the matter is revisited by the court.
This distressing incident underscores the complexities in offering accommodation to friends without clearly defined legal agreements. Homeowners are advised to establish written terms with any guests residing on their property to avert similar predicaments. Legal advisors recommend taking precautions such as installing security measures and explicitly outlining occupancy terms to mitigate the risks associated with squatters.
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