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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOutrage as homeowner is jailed after calling cops on squatter.. and is told to 'think about it from their point of view'
A Georgia homeowner was arrested and charged with criminal trespass after attempting to move back into her home, which was being occupied by an alleged squatter.
'I spent the night on a mat on a concrete floor in deplorable conditions. While this woman, this squatter slept in my home,' Loletha Hale told WSB-TV Atlanta.
On December 9, Clayton County police and Sheriff's deputies were called to the home on Livingston Drive after Hale tried to regain access.
A deputy, captured on body camera footage, advised Hale to consider the alleged squatter's perspective.
https://www.dailymail.co.uk/news/article-14216843/outrage-georgia-homeowner-jailed-police-squatter-inside-home.html
struggle4progress
(120,639 posts)By Justin Gray, WSB-TV
December 20, 2024 at 7:19 pm EST
... Clayton County police officers and Sheriffs deputies responded to the home on Livingston Drive on Dec. 9.
But Hale said this all started in August when she found an alleged squatter in the home and called police.
Police cited the alleged squatter, Sakemeyia Johnson, using the new Georgia Squatter Reform Act.
But Clayton County Magistrate Court Judge Latrevia Lates-Johnson ruled that Sakemeyia Johnson is not a squatter because she is related to a previously evicted tenants partner ...
https://www.wsbradio.com/news/local/police-arrest-clayton-county-homeowner-who-tried-move-back-into-home-occupied-by-squatter/UJLCJ3OELRGZTCKEWOJWVSMKOY/
JI7
(91,020 posts)"Johnson ruled that Sakemeyia Johnson is not a squatter because she is related to a previously evicted tenants partner"
struggle4progress
(120,639 posts)in context. But the fact that related matters have been subject to ongoing litigation may be relevant, especially as Loletha Hale is a local attorney there and should be capable of continuing to pursue such matters through the courts
CoopersDad
(2,978 posts)I gather that the owner did not live there; that it was her mom's home.
This creates uncertainty for the law and the courts, the mother may have permitted Johnson to stay there but it's unclear.
If there was a chance that the alleged squatter had permission to be there, then Johnson can't just kick her out.
Journalism just gets worse and worse.
intheflow
(29,112 posts)I do not understand how the fuck she couldnt be a squatter. Whose name is listed on the deed? Does Johnson have a signed agreement to stay there? The person shes related to was legally evicted, so how does it make any sense that she has a claim, or even the right to a court-ordered eviction?
Makes me think about my home. I bought a former crackhouse that was the local flophouse for every addict in my city. (According to the neighbors.) The were all evicted when the bank foreclosed. But to some judge in Georgia, if I found a bunch of them living in my basement today, they arent squatters because the junkies that were evicted from here invited them in once, so they can always come back, like vampires.
Hassin Bin Sober
(26,812 posts)intheflow
(29,112 posts)The article didn't say she was related to anyone on the deed, or listed as owner. So someone who didn't own the property was there and got evicted, then this woman showed back up however long after, and moved in. You have no idea if this is a relative, or just a relative of a former tenant. But either way, if you're living in a building without the owner knowing, you're squatting whether or not you used to have a lease or even a verbal agreement with them. And if you never had a formal agreement with the building owner, that makes you even more of a squatter.
Hassin Bin Sober
(26,812 posts)Maybe you should file a brief with the court. Use your extensive landlord/tenant knowledge and school the judge on how some loon landlord can show up threatening gun violence while there is a proceeding before the court.
intheflow
(29,112 posts)Nowhere in the story does it say this person was related to anyone living there currently. According to you, the junkie family that lost my house due to mortgage default could move back in at any time, because they used to live there. Better yet, their cousin from Seattle could move in because she stayed at the house once in 2002.
Hassin Bin Sober
(26,812 posts)In an incident report, a deputy said Hale executed an illegal eviction and forcibly removed Ms. Johnsons belongings.
The incident report states that in cell phone video Hale could clearly be heard stating leave before I get my gun.
Officers on the scene confirmed with court staff that Hale has not obtained a signed writ of possession in order to legally evict a tenant.
I get the frustrations, but the deep red south is hardly a tenant utopia.
paleotn
(19,697 posts)I wonder how many of those siding with the squatters would do so if it were their property? Easy position to take when it's not your money involved.
Voltaire2
(14,995 posts)The judge on the case made that clear.
Happy Hoosier
(8,599 posts)Does she have a lease? She does not, according to the proiperty owner. Is she paying rent? Apparently not, since she filed for nakruptcy and listed the property owner as a creditor. But she gets to keep living there? WTF?
obamanut2012
(27,944 posts)She is trespassing.
Kaleva
(38,712 posts)In order to charge a person or persons with trespassing.
Mysterian
(5,223 posts)You forgot that part!
Kaleva
(38,712 posts)and the local police are informed that the property is posted.
But you are correct and I had left out a part
Hassin Bin Sober
(26,812 posts)I mean, there is even a bankruptcy filing involved.
Does anyone read articles or do they just get outraged from the headlines, that admittedly are, meant to cause outrage.
How about this for headline:
Crazed gun nut landlord breaks into property and waives gun around at tenant.
The landlord admits she just got tired of waiting for the magistrate signature.
Voltaire2
(14,995 posts)we are panic monkeys. All of us.
Hassin Bin Sober
(26,812 posts)Voltaire2
(14,995 posts)That is now rather extensively researched and documented. Emotionally charged propaganda is incredibly persuasive and if used with a disinformation payload, very difficult to reverse. Rational evidence based approaches perversely reinforce these beliefs.
yardwork
(64,926 posts)I suspect the facts are probably the opposite of the Daily Mail spin.
Happy Hoosier
(8,599 posts)My college town is a great place to own rentals. Property is relatively cheap, and rentals near the University rent almost all the time (at least until the "demographic cliff" arrives. But honestly, it seems like a shit ton of headache dealings with the house and tenants. I'll just hope that the S&P500 keeps going up over the long term.
hunter
(39,113 posts)... as a handyman. You are wise to avoid this business.
The tenants can be horrible because they are young and stupid. The property owners have no excuse.
Happy Hoosier
(8,599 posts)... it's a mouse-infested mess. Gonna move this summer. But damn... the rent is kinda crazy for a pretty crummy house....
PedroXimenez
(642 posts)and knows the implications for the people being evicted.
The comment which is supposed to cause such outrage in us, is it really that outrageous?
Here's what the deputy said:
Callie1979
(391 posts)Response to Floyd R. Turbo (Original post)
Name removed Message auto-removed
Abstractartist
(169 posts)If you can prove this is your home, by providing the title to the home, then I believe the owner has every right to get these squatters out, even by violence if necessary.
This is my opinion.
boston bean
(36,534 posts)Kaleva
(38,712 posts)boston bean
(36,534 posts)Kaleva
(38,712 posts)But one has to work within the law which admittedly, can be frustrating.
"JimSchaafsma recommends people go through the court process and evict the person."
https://midmichigannow.com/news/local/understanding-michigans-squatters-rights-amid-rising-incidents-across-the-country
A noble cause would be to work to change the state laws so that'd it be easier for a property owner to evict squatters.
peacebuzzard
(5,301 posts)It is written in a contract signed by both parties.
In this case, it seems like the question of who has access to the property needs to be legally pursued.
Twice I made mistakes in renting out a personal residence with a poorly defined lease from the local office supply store.
In both cases, I had to call the PD, and in the one extreme case, I had to take the renter to court.
I will be extra careful next time.
hunter
(39,113 posts)It's not "Get a gun! Scary people are gonna take your stuff!"
Laws can be complex.
maxrandb
(16,051 posts)to convince 'Murikans that their house is it risk of being stolen by squatters.
Please see immigrant murderers, dope-smoking, steak eating Food Stamp recipients, "smash and grab" shoplifters and other sensationalized stories for reference.
The distractions make it easier for Elon and Donnie Dipshit to steal our Democracy and raid our treasure.
I gathered (incorrectly, it turns out) that the squatter had taken over the owner's own home. That is not the case. The squatter moved into an empty rental property and was discovered when the owner came over to see about painting the house before renting it again.
The story is not about something outrageous or offensive to common sense. It's about a landlord trying to get a non-rent-payer out of the house so she can get it ready for a new (paying) tenant.
Nothingberder.
Callie1979
(391 posts)Moving into an empty house without the owners permission is SQUATTING
cyclonefence
(4,911 posts)My problem was not with the term squatting but with the implication that the house was the owner's dwelling place. The outrage grew from the notion that here was this poor owner kept out of her own house by a squatter, and that of course was not the case. I expect it's pretty common for squatters to move into unoccupied rentals. IMO there is nothing outrageous about this story, and I don't understand why people got so worked up over it.
I also do not understand why you are shouting at me.
Callie1979
(391 posts)And if you cant see why the story of an illegal squatter would upset people, same thing. Its wrong plain & simple. They almost always damage the properties they're in.
cyclonefence
(4,911 posts)ALL CAPS EQUALS SHOUTING
Especially after having misunderstood the post you are responding to.
Edited to add: Let's let this drop, shall we? If you want to have the last word, go to it.
Pisces
(5,852 posts)This is how the Democratic Party gets away from common sense thinking. My mother, who is on social security, had a person not paying rent who was on the lease. It was next to impossible to get this person out of the house. She relied on the income to live!! This is not about mean landowners booting poor people.
We continue to shoot ourselves in the foot. My mother is also a true blue Democrat.
maxrandb
(16,051 posts)The Reich-wing and the media over-sensationalize a problem and you end up with Americans that have NEVER been a landlord, believing that they are one break-in during their Christmas vacation from some malcontent stealing their home by moving into it.
That happens about as often as getting struck by lightning while being eaten by a shark.
I want to know, out of 350,000,000 people in America, how many have had their property taken away by a squatter.
And yes, it sucks and is difficult to have to evict someone that doesn't pay the rent, but when I had rental property, I knew that was a risk I was taking.
There is a reason that we have laws regarding evictions, and why it's not easy. You know what else is not easy? Convicting someone of murder.
Everybody want convictions and evictions to be "easy", up until it is themselves that is facing conviction or eviction.
Overhyping and sensationalizing this issue is a concerted effort to scare people. Scared people are the Retrumplican Parties most coveted demographic.
I am NOT pro-squatting, I just don't want to play the fearmongers stupid games.
But here is what irritates me the most about this.
80-90% of the people outraged about this, are one lost job, or one major medical bill, away from missing their mortgage, or their rent.
But don't you dare call them "squatters", because they're just "hard working 'Murikans that caught a bad break"...it's those others that are "lazy scum".
Pisces
(5,852 posts)It is not pretty and you never recoup your loss. If I dont make my payments a corporation will hire attorneys and remove me easliy. A poor homeowner renting out their property doesnt always have the resources needed to do this.
maxrandb
(16,051 posts)And of course, it sucks if you have tenants that are not playing.
My problem is, this type of thing happens about as often as trans people abuse girls in the girls bathroom.
Both issues are hyperventilated by the right for the same purpose.
Pick a demographic, or group of people no one will defend, like MS13, an immigrant that killed a blond girl, a trans person, a shoplifter, a squatter, etc., and then convince Americans that the hoard is just outside your door.
This entire "squatter" panic started with some real estate agents stupid 30 seconds Tic-Toc.
BTW - how much have you heard about inflation or gas prices since November 5TH?
Wake Up!!!!!
Hassin Bin Sober
(26,812 posts)Callie1979
(391 posts)"When Metzger began practicing in 2011, squatter cases were very rare. But starting in 2023, there has been an explosion of them."
maxrandb
(16,051 posts)Lot's of interesting stuff at the link, but this kind of stood out.
But after lamenting the scope of the problem, Rogan decided it might be helpful to have some data to back up his concern. "What is the number of people squatting currently, Jamie, in the United States?" Rogan asked his producer Jamie Vernon. His producer responded that he didn't know "how to find that." Rogan suggested "trying Google." When that didn't work, Rogan told Vernon to "ask Chat GPT" and "see what that bitch says." Chat GPT responded that "it didn't have access to statistics on squatting in housing in the US." Rogan then dropped the issue and resumed discussing various anecdotes reported in the media.
Vernon had problems finding the data Rogan was seeking because, according to experts, it does not exist. "Squatting is an extremely rare issue, and there is zero evidence in our data or in any other publications that we know of that the eviction crisis is driven by the presence of non-native renters," Juan Pablo Garnham, researcher and communications manager at the Eviction Lab, told Popular Information.
One reason that squatting is rare is that, almost everywhere, it is extremely difficult to establish a valid property claim by occupying someone else's home. In 16 states, a squatter would have to openly and notoriously occupy a home for 20 years or more.
If you want to understand how a convicted felon and rapist became president, look no further than the "Entertainment Tonight/Access Hollywood-ification" of the "press".
Even on DU people are falling for the "hype".
Callie1979
(391 posts)I think a story from Realtor.com is quite a bit more convincing than THAT nonsense. This issue has been covered by REAL network news many times. I'm in the business so I see it myself. Thankfully I'm notion a big city.
Here's another story from the "right wing" CBS News
https://www.cbsnews.com/news/squatters-rights-homeowners-california/
maxrandb
(16,051 posts)a "major" problem.
Pisces
(5,852 posts)Not paying. Squatting looks differently than most people assume. Why are we not taking the side of common sense. We want to call this person a non paying person?? I have a lot of sympathy for people but there should be other ways to handle this.
Maybe having personal experience with problem makes me less sympathetic? Dont know.
maxrandb
(16,051 posts)I had 2 duplexes that I rented to help supplement my retirement income. I got into that business and I knew the risk, but failing to pay rent is NOT squatting.
Folks want to take a family that has paid a mortgage for 20 years, and call them squatters because they missed a payment.
And...
Can we please NOT DO what the Reich-wing does?
Pointing out the "nuances" of this issue, or correctly pointing out that missing a rent payment is NOT squatting, doesn't make me "pro-squatting", or "disconnected to reality".
But what irritates me the most, is that 80 - 90 percent of the people "outraged" by this are one lost job, or one serious medical issue away from missing their rent, or their mortgage.
I guarantee you that if they can't pay the rent or mortgage, it's because they just "caught a hard break", but someone else? They're just "lazy takers".
Pisces
(5,852 posts)To her income for living expenses!! She is not well off and this was not some extra cash for fun purchases. It was also not 1 missed payment. It was over 8 months as well as difficulty getting the guy out. There is no recouping the loss, and this is real. Sorry, but a a corporation foreclosing on your property is not the same as a non paying renter. In the original post it was a person not even associated with the lease. We are not the right wing on this board but I think we have lost our way on common sense thinking. No one is allowed to live somewhere for free. If its a corporation they can write off the loss, however, a lone person who needs the rent to live can not just write off the loss of income.
Voltaire2
(14,995 posts)one would hope that this was not the case here, but it obviously is
Hassin Bin Sober
(26,812 posts)I miss the old days when tenants had no rights!
Response to Floyd R. Turbo (Original post)
dalton99a This message was self-deleted by its author.
Callie1979
(391 posts)Kaleva
(38,712 posts)"An Ohio sheriff is under fire for a social media post in which he said people with Kamala Harris yard signs should have their addresses recorded so that immigrants can be sent to live with them if the Democrat wins the presidency. Good-government groups called it a threat and urged him to remove the post."
https://spectrumnews1.com/oh/columbus/news/2024/09/20/ohio-sheriff-condemned-harris-signs
CoopersDad
(2,978 posts)There's more to the story than the Daily Mail cares to share.
Source:https://www.wsbradio.com/news/local/police-arrest-clayton-county-homeowner-who-tried-move-back-into-home-occupied-by-squatter/UJLCJ3OELRGZTCKEWOJWVSMKOY/
Hale admits that, saying she has been waiting for weeks for the document to be signed by a magistrate judge.
Sakemeyia Johnson claims she was in a relationship with a previous tenant (the house was a rental).
Hale had not yet received the official ruling that would have been needed to bring law enforcement over to recover her ownership and evict the resident.
RandomNumbers
(18,286 posts)I read the article at the link you posted. It does not put the "alleged squatter" in a good light. But the worst light is on our society and judicial system.
I am basically on Hale's side, with some caveats. Her behavior wasn't perfect for sure. But JHFC this other person does not have a right to use that property and I don't know where the f*ck she gets the idea that she does.
Society:
Why doesn't the "alleged squatter" have somewhere else to go? Until the entire premise of the U.S. is changed, our society is property-based and capitalist. There will always be people who are for one reason or another, unable to succeed in this system, and as a society we need to be able to support them humanely without just appropriating other people's property at random, or supporting such appropriation.
>> I am not extolling the virtues of the system here, just that it IS the system we live under, and everybody needs to be able to rely on the rules being reasonably well followed. If you question this, please play a mental game where suddenly you cannot trust any of these rules. Oh wait, we will all be playing that game for real, at least somewhat, in the next four years.
Justice:
Why is the judicial system dragging their feet on giving Hale back the access to her property?
Note that based on the picture at your link, the homeowner is Black. Based on name (yes I'm stereotyping) the "alleged squatter" is also Black.
Meaning, in Georgia, most of the legal system probably doesn't give a rat's ass about either of them and doesn't care which one ends up in jail, except to prefer that it would be both.
Callie1979
(391 posts)When you evict someone in the state of GA you evict "John Smith & ALL OTHERS". Which means no matter WHO you are you're out.
I've done dozens over the years.
Hassin Bin Sober
(26,812 posts)Callie1979
(391 posts)The only problem is when you have judges who refuse to follow the law as its written. Thankfully, my county doesnt ave those judges.
Hassin Bin Sober
(26,812 posts)There is a reason this landlord ended up in bracelets taking a ride.
Callie1979
(391 posts)Having a "relationship with the partner of the evicted tenant" gives you ZERO rights to move into the property. After an eviction NO ONE is allowed. Its even posted on the door.
This poor old woman was taken to jail for the I'l get my gun comment & ignoring the "wrong) orders of the cop.
This publicity will certainly get her some free legal help & the charges dropped. Stay tuned
I've done 24 of these & have always prevailed. You dont pay, you lose. You get 7 days to move or your stuff is put out. Thats the LAW
Unless you're one of those today who doesnt care about what the law says.
Happy Hoosier
(8,599 posts)There should be a time limit on this bullshit. It's her fucking house.
CoopersDad
(2,978 posts)Not sure about Georgia, but housing here is scarce and expensive and we treat one's home differently from one's income properties.
The urgency to restore possession for a landlord has to be less than for a tenant.
If it takes longer, that sucks, but nobody is out of a home.
Happy Hoosier
(8,599 posts)Owning a property costs money, and if the 'tenant" isn't paying rent, the state doesn't give you a pass. And what if the owner depends upon that income to make ends meet?
To me, it sounds like this "tenant" knows exactly what they are doing. They are continuing to live in the house depsite not paying any rent for it.
I hae sympathy for a bad housing situation. I do not have sympathy for thieves.
SheltieLover
(60,705 posts)getagrip_already
(17,611 posts)And (c), why it is so damn hard to pass a rental background check.
Rental units are being driven into corporate ownership and management because small time landlords get run out of business unless they are just absolute assclowns.
I would never put a spare unit up for long term rent. Maybe air bnb, but not long term. Its just too hard to evict someone who stops paying rent or damages your property.
Callie1979
(391 posts)You dont have to be particularly brilliant to do it; I'm proof of that
I've had problems but the only thing I'd change is I wouldve started sooner.
It isnt as easy NOW because of all these damn HGTV shows, but deals are still out there.
Kaleva
(38,712 posts)Callie1979
(391 posts)I guess being in my 60s I'm resistant to change.
Sneederbunk
(15,466 posts)Blue_Tires
(57,218 posts)Squatter's laws which makes it easier for grifters to exploit... I know they were at least talking about updating the laws but I don't remember if they ever did it
Callie1979
(391 posts)DET
(1,764 posts)She could try bribing the squatter to leave. Cash in hand can be a definite motivator.
nilram
(3,030 posts)Or at least a moral outrage.
RandomNumbers
(18,286 posts)I was wondering why that wasn't brought up more on this thread.
Unladen Swallow
(491 posts)is the respect of and for private property.
canetoad
(18,384 posts)The story may not be as cut-and-dried as it seems.
https://www.law.com/dailyreportonline/2024/04/25/disqualified-challenger-loletha-hale-booted-from-judicial-race-but-not-ballot/?slreturn=20241223-40232
https://www.ajc.com/news/local/woman-arrested-after-refusing-cobb-hotel-sex-party-sues-for-20m/CbTggGNLWOTWUUW0msP3KO/
https://www.abajournal.com/news/article/judge_jails_2_attorneys_for_contempt_within_4_days
https://www.henryherald.com/news/attorney-arrested-for-terroristic-threats-toward-client-s-husband/article_f7f2d79a-c861-5ac5-b83a-e07f7164ab75.html
Meowmee
(6,467 posts)There was a case here recently, which I could not believe. Someone moved to another state temporarily, and left their house to be looked after by a contractor who was a friend. The contractor supposedly rented the house to somebody without consulting them, even though he was not the owner of the house. Then they returned and had nowhere to live and were living in a hotel, and were going to go bankrupt soon with nowhere to live.
Squatter laws were in favor of the person living there, even though its not legally rented to them either. Eventually, because they called up a local television station it was in the court process, and the renter was told they have to leave. I dont know what happened with that case but apparently there are similar cases going on here.
I didnt know they had laws favoring squatters here. I knew they had them in Great Britain for years, but this is the first I had heard of it and I couldnt believe it.
Contractor was claiming that they did tons of work on this house and therefore it should be their house
What? The owner said that they had never done any of that work and there was a lawsuit over that as well.
After knowing what the laws are here now, I would not trust someone else to keep an eye on my house for any reason for any length of time.
Voltaire2
(14,995 posts)of fraud. The only bad actor was the contractor.
Meowmee
(6,467 posts)The renters knew they were illegally there for a long time after the owner returned and wouldnt leave. At that point they were squatting. A judge ruled and told them they have to leave but it took several months and calling the local news who ran a story on it.
They were not legal renters, they were squatters legally, and in my state after 30 days squatters are treated like renters in some ways, you need a court case to evict them. Most people do not have the funds to wait it out and pay for expensive court cases. If they have the money, they pay the people to leave and hopefully they leave. In my opinion, this is ridiculous, the laws need to be changed.
Kaleva
(38,712 posts)"The incident report states that in cell phone video Hale could clearly be heard stating leave before I get my gun."
"Hale has been charged with criminal trespassing and a misdemeanor count of terroristic threats."
https://www.wsbtv.com/news/local/clayton-county/homeowner-ends-up-jail-after-calling-police-remove-squatter-living-inside-her-house/Z53LUOYKIZBYHH5LJRVNA4SV2A/
Threatening to use deadly force over property is not the way to do things . Hopefully Hale, the property owner, loses her right to posses guns.
hunter
(39,113 posts)Reading this thread it's not hard to see why.
Callie1979
(391 posts)You wouldnt allow it in your home.