Thursday, June 14, 2018

Trespass

Posted on the door after the so-called "tenants" were evicted.
May 31, 2018

It has been exactly two weeks since Jacob moved into his great-grandma's house in Mesa. It's been nine days since I returned home from spending eight days there, six of those days helping Jacob get settled in after clearing out the former tenants' rubbish that filled every room of the house. After so much time, you might think that all the drama has died down, but you'd be wrong.

When it became clear that the five people living in the house had not vacated it by May 28th, as ordered by the judge twenty days earlier, I drove to Mesa on the 29th to file for a Writ of Restitution, in which the constable is engaged to forcibly evict the tenants. Nonetheless, I'd hoped it wouldn't come to that.

In fact, we were almost able to avoid the forced eviction. Four of the five tenants appear to have moved out by the evening of the 29th, two days before Jacob's arrival. However, one of the tenants--the twenty-something son of the woman who was originally invited by Mark's aunt to move into the house, almost six years ago--refused to get out. His mom talked him into leaving with her on the 30th, but during the night he returned and slept in his bed. Mark's Aunt Wilma found him there the next morning, in a room filled with his furniture, none of which had been moved out.

This was May 31st, the day Jacob was to move in, and the boy was still refusing to leave. I sat in my car for a while that morning, waiting for Jacob's moving van to turn onto the street, and watching this young man wander around the yard, calmly picking up trash from what used to be a nice lawn. He insisted to everyone that it was his house.

By 1:00 that afternoon, my whole family had gathered together, parked in front of Wilma's house next-door, ready to help Jacob move in his things. When the constable arrived just before 1:30, he told us he had come by the house about forty-five minutes earlier and found the young man there. He said he explained to him why he had to leave and what would happen if he stayed. He also told him that he'd be arrested for trespassing if he returned. The young man seemed to accept what he said and left peaceably.

Once the constable had walked through the house to make sure it was secure, he gave me the legal paperwork and a Warning Notice to post on the door, to remind the former tenants that their presence on the property without our permission would result in an arrest for trespassing. It was also a requirement that we change all exterior locks on the house, so I showed him my box filled with $97 worth of new doorknobs and deadbolts. After that, the constable's job was done.

We all hoped that would be the end of it.

During the first two days, while our entire family was together and we were busily hauling the abandoned garbage out of the house and bringing in Jacob's belongings, some of the tenants watched us from Wilma's front yard, but none approached. After Sarah, Dylan, Jake, Mark, and the kids' friend Justice returned to Pinetop-Lakeside, Jacob and I were untroubled for the four days I stayed on, so we were hopeful that the hassle was over.

There was one day when the woman's boyfriend, who'd also been living there, did come to the front door to ask me about their mail and whether the utilities had been taken out of his name. He said they hoped to get into their own place the following week so they could take away the furniture that we'd stacked in the driveway, in front of the garage. I had no issue with that. He'd approached us directly and we had a polite conversation.

The day after I left Mesa to return home, Jacob's security company came to install his system of cameras and sensors and alarms. He quickly discovered that the house was receiving more visitors than we knew.

A screenshot of one mysterious night visitor, just before 4:00 a.m.
You can even see the Warning Notice is still on the door. It states:
"You have no legal rights to be in or about this premises."

The very first night after the security system was installed, Jacob was awakened around midnight by his phone announcing that there was movement at the front and side of the house. He watched on camera as a man, who appeared to possibly be one of the former tenants, rifled through a pile of stuff they'd left under a tarp at the side of the house. He even watched as the police pulled up and questioned the man before leaving him to continue trespassing undisturbed. Since Jacob hadn't called the police, they probably believed whatever explanation the man gave them. We have no idea why the officers were even there.

The same man returned on another night, going into the backyard and throwing things over the fence to the side of the house, adding to the piles of rubbish already heaped there. He left, and then he returned later, predawn. Jacob called the police, who arrived within minutes, but the man was already gone.

On another day, Jacob came home from dinner at Smashburger to find a black book called Evil Designs (taken from a stack of the tenants' books) standing on-end on the doorstep, and the screen on the kitchen window half-removed. At the time, that same tenant was visiting next-door, so Jacob thought it might have been him playing mind-games. So Jacob asked his aunt to remind these people that they can't be on the property without permission or they could be arrested.

A few days went by without further disturbance, and then the mystery man in the photo above came into the yard and started going through things. No one recognizes him as one of the tenants. There is a homeless shelter not far from the neighborhood, and I suppose all the garbage stacked outside the house would be tempting to people in reduced circumstances.. While I was there, I saw a man and woman on bikes going through trash bins just a few blocks away, tossing stuff into a baby trailer attached to the woman's bike.

Thankfully, we're only required to keep the tenants' things for twenty-one days. If they haven't retrieved it by June 21st, we will dispose of it and start taking back the whole property. Once all the trash is cleared from the yard, there shouldn't be any further incentive for anyone to trespass.

After that, Jacob had a couple more nights of peace. Then, at 8:12 yesterday morning (Wednesday), he was alerted to more movement outside. This time it was clearly the young man who had refused to vacate the house until the constable spoke to him. Jacob said he appeared to be looking for a way to get in the front door, and then he went around to enter the garage through a side door. He was also behaving strangely, repeatedly removing his shirt and putting it back on.

Feeling reluctant to confront the young man alone, Jacob asked what he should do. I told him he had two basic choices: call the police or call his aunt to see if she could deal with the boy, since she'd known him for years. We do feel some sympathy for him. From what we've been told, his nearly-six years in this house were the only real stability he's ever known, having been homeless during portions of his youth. Although the entire house has been trashed, his bedroom was the only one that was remotely clean and showed some pride of "ownership." It must be hard to be uprooted again. However, he's an adult now and must roll with the punches, as we all must.

Jacob chose to call Wilma. She came right over and confronted the young man, telling him he was trespassing and needed to leave or he'd be arrested. He responded, "Why should I? It's my house." Wilma waved her arms toward the piles of furniture in the driveway, including those that came from his bedroom. "See that? You don't live here anymore." Eventually, she was able to get him to leave.

Half an hour later, Jacob left for work. He was on the freeway when his phone alerted him to movement at the side of the house again. It was the same kid, so Jacob finally called the police. Enough is enough. They apprehended the boy while trespassing and then questioned him. Despite the Warning Notice posted plainly on the front door; despite the warnings from Wilma less than an hour earlier; despite the talk with the constable to explain clearly that he no longer has the right to be on the property and would be arrested if he returned, the young man told the officers he didn't know he wasn't legally allowed to be there.

He also told the officers that his family had only been given twenty-one days to vacate the house. In actuality, they had exactly nine weeks from the date they received the first eviction notice to the date the constable made the stubborn young man leave, as well as an additional twenty-one days to reclaim their furniture. Twelve weeks in total.

I think we've been patient beyond any reasonable expectation, since normally a thirty-day notice is all that's required to evict someone. All we ask is that Jacob be freed from this continual harassment and that they get our permission before coming onto the property. We have no desire to keep them from their belongings. They just need to contact us to arrange a time during daylight hours and we'll be happy to accommodate them.

When the police asked if Jacob wanted to have the boy prosecuted, he called to get my opinion. I told him it was his decision, since he's the one who lives there and has to deal with it. Jacob chose to press charges because, as he said, he was "getting sick of this." He's right, there needs to be an end to it. As for the young man, he was not immediately arrested since Jacob was at work and unable to provide his paperwork until today, but the officer said they will start processing the case to send on to the courts.

I hope this works out to everyone's benefit, including the young man's. Some lessons are hard-won, but refusing to move on after life's disappointments is not a healthy way to live. I hope he's able to learn from this unhappy experience and go on to a better life. We truly do wish him well.

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