A Kentucky homeowner's act of kindness turned into a legal nightmare after his friends refused to leave his property and claimed squatters' rights, ultimately forcing him out of his own home. Daniel Toma, a resident of Valley Station, Louisville, had invited Amy Davis and her boyfriend, Tyler Sencuk, to stay in his garage while they fixed their broken-down car. However, what began as a temporary favor spiraled into a prolonged and complicated legal battle.
Initially, Toma allowed the couple to stay in his garage under the belief that they would only be there briefly while working on their vehicle. But after weeks passed, they not only extended their stay but also began making themselves at home. The couple moved a mattress into the garage, hooked up a cable box, and even had their mail delivered to Toma’s address. When Toma and his roommates asked them to leave, Sencuk invoked squatters' rights and refused to vacate the premises.
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 tried to formally evict them, posting a 30-day eviction notice around Labor Day. However, the situation deteriorated when a physical altercation occurred between Sencuk and one of Toma's roommates.
In response, Sencuk filed an emergency protective order against Toma. The judge granted the order, which forced Toma to stay at least 500 feet away from the squatters and his own home. As a result, Toma, the rightful homeowner, found himself legally barred 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 decision appeared to be influenced by Sencuk's claims that he and Toma had an agreement that allowed them to stay in exchange for performing chores and maintenance around the house. Toma, however, denied that any such arrangement existed. The legal complications, compounded by the protective order, left Toma feeling powerless and frustrated, stating, "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, allow individuals to claim ownership of property if they occupy it continuously and openly for a period of 15 years. While Toma's situation didn’t reach the point of his guests claiming ownership of his property, the misuse of eviction laws by squatters is not uncommon. In Toma’s case, the legal tangle escalated quickly, leaving him with limited options.
Toma is now fighting to have the protective order dismissed and regain access to his home. Despite Sencuk reportedly moving out after obtaining the protective order, Toma remains legally restricted from returning to his own house until the court revisits the issue.
This troubling case highlights the complexities and potential pitfalls of offering housing to friends or acquaintances without clear, legally binding agreements. Homeowners are urged to establish written terms with any guests staying on their property to avoid similar scenarios. Legal experts suggest taking precautions such as installing security systems and clearly defining occupancy terms to avoid the risks posed by squatters.
