An angry homeowner has ended up in jail for criminal trespass after trying to get back into her home that had been illegally taken by a squatter.
Lolita Hill has slammed cops after authorities claimed the woman living in her home was not squatting.
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The homeowner from Clayton County, south of Atlanta, Georgia, first encountered Sachemia Johnson living on her property in August.
Hill called the police, who cited Johnson using Georgia's new squatter reform law.
But Clayton County District Court Judge LaTrevia Latice Johnson ruled she was not a squatter because she is related to the partner of the previously evicted tenant.
“How could she not squat when I didn't have any kind of contractual relationship with that person?” Hill told local ABC affiliate WSBTV.
Then on December 9, a distraught Hill found police officers at her front door.
Bodycam footage shows a female officer explaining to Hill why she should see things from the alleged squatter's point of view.
“Just think about it from this perspective,” the officer says in the footage.
“Everyone is not as lucky as you to have a bed. All the little things, a bed in their house, food in the kitchen.”
The case sparked a months-long legal battle with filings, hearings and appeals.
Johnson even filed for bankruptcy, listing Hill as her sole creditor.
On November 18, a magistrate judge issued a final ruling in Hill's favor.
Hale thought her nightmare was over, and came over the weekend to start cleaning her house.
But when she returned on Monday, she discovered that Johnson had broken the locks on her property.
“She suddenly found out. She had this guy with her, and she locked the door,” Johnson told police.
“I closed the screen door and forced us out.”
In the incident report, the responding deputy said Hill “carried out an illegal eviction and forcibly took Ms. Johnson's belongings.”
The report states that Hill can be heard on cell phone video telling Johnson to leave before getting her gun.
Hill was charged with criminal trespass and a misdemeanor count of making terroristic threats.
Johnson has not been charged with any crime.
Expert advice: Actions to take if you have squatters
The U.S. Sun's Emma Crabtree spoke to real estate attorney Paul Golden about what landlords can do when dealing with squatters. Here's what we advise:
police
- He said: Call the police and hope they succeed in removing the unwanted person(s).
“Self-help method”
- This is a risky way to evict squatters but is acceptable by at least one New York court “in certain circumstances,” Golden said.
- Using this method, landlords “physically remove squatters.”
- However, if a person is deemed to have been evicted “forcibly or unlawfully,” landlords 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 take the legal route and file a summary suit 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 finally issues an injunction.”
- It may take longer for the city marshal to schedule an appointment to remove the squatters.
The Clayton County Police Department did not immediately respond to the US Sun's requests for comment.
In an earlier statement, Chief Judge Keisha Wright Hill said, “The Clayton County District Court cannot provide a timeline for resolving this matter, as the tenant filed a timely appeal with the Clayton County Superior Court.”
“Any timeline will have to be addressed by the Supreme Court.
“The previous delay in this matter was a result of the tenant’s file
