A COUPLE’S dream of starting fresh in their new home has quickly turned into a living nightmare after a stubborn tenant refused to leave.
Despite calls for help, police have washed their hands of the situation, leaving the homeowners in limbo.
GettyThe couple never expected a battle over possession of their new home (stock image)[/caption] GettyThe first lockout date was set for late December when the squatter was supposed to be out (stock image)[/caption] GettyThe couple has tried everything to get the man out, but he still won’t budge (stock image)[/caption]Ryan Folts and his girlfriend Caitlin Pitts bought a home in Rochester, New York, in January 2024, knowing it was occupied – but they never expected a battle to gain possession.
The tenant refuses to leave, and the Rochester police said it’s not their job to intervene.
“I offered him $500 a month (to let the squatter stay in the house), and he told me that if I came back, he was going to take my life,” Folts told CBS local affiliate WROC.
The first lockout date was set for late December, when the squatter was supposed to be out. Expecting to move in, Folts and Pitts had already sold their previous home only to be left in limbo.
Folts said he gave the tenant extra time before starting the legal process to have him removed.
“I went through the courts, followed every step, and yesterday was supposed to be the final lockout date, the second one,” he said.
“We’ve done everything legally required, and yet, he’s still squatting in the house.”
Folts and Pitts say they’ve hit a wall with legal hurdles, trying everything to get the man out, but he still won’t budge.
“We’re staying every night in a hotel because we thought we were going to have somewhere to go. We’re paying for a storage unit, paying for a hotel every night, and it’s been going on a month. It’s not fun,” Pitts told WROC.
“We have a target on our back now, and for why when we’ve done everything right.”
Fox News Digital reached out to Rochester Police Captain Greg Bello regarding the squatter.
Bello, in a statement, said that the department does not have the legal authority to execute evictions.
“Those are completed by the city marshal (not a City of Rochester position, they work with Rochester City Court). A judge has not issued a court order allowing RPD to force entry into the location to arrest the occupant, and, therefore, we do not have the legal authority to do so,” Capt. Bello said in a statement.
“I completely understand the frustration by the new homeowners, but our actions are dictated by law and the courts.”
Expert Advice: Actions to take if you have a squatter
The U.S. Sun's Emma Crabtree spoke to real estate attorney Paul Golden about what property owners can do when dealing with squatters. Here is what he advised:
Police
Call the police and hope they are successful in removing the unwanted individual(s), he said.‘Self-Help Method’
This is a risky method of evicting squatters but is accepted by at least one New York court “in certain circumstances,” Golden said. Using this method, property owners “physically remove the squatter(s).” However, if the person is deemed to have been ejected “forcefully or unlawfully,” then property owners may face paying damages and even be “subject to a civil penalty and be guilty of a misdemeanor.”Court Filing
The third option is to go the legal route and file a summary proceeding after issuing a 10-day notice to those occupying the property. The downside to this option, Golden warned, is that “in New York City, it could take months before the court would finally issue a warrant.” It may take even longer for a date to be set for a city marshal to remove the squatter.Folts said the squatter not only refuses to leave, but has also been collecting rent from another unit while living there for free, all while Folts and Pitts foot the bill for property taxes.
An Airbnb listing matching the address was found online, with the most recent review posted three weeks ago.
WROC tried to contact the listed host but couldn’t get through, as no booking dates were available, which was the only way to reach them.
Folts and Pitts want to reach out to the public for help, as without help they cannot see themselves moving inside the house.
“We’re citizens of this community. We pay taxes. He’s living for free. He has mental health issues, so I, like I said, a mental health professional should be here. He’s burglarizing, he’s trespassing, he’s threatening people. He’s being amended to this community. He needs to go,” Pitt said.
Even if they manage to evict the squatter, Folts and Pitts say moving in is no longer an option.
“I don’t see us ever living here,” Folts said. “It feels too dangerous; we would always have a target on our back. Now, we just have to figure out how to sell it, if that’s even possible.”
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