Squatters allegedly take over home of couple in their 70s: ‘The law should be different’
The daughters of a Colorado Springs couple are alleging that a homeless woman, her boyfriend and her son have taken advantage of their father, who suffers from dementia, and taken over their parents' house of 50 years.
William Towns, 76, met the woman while he was out walking his dog and saw that she was living out of her car, his daughters wrote in a GoFundMe initiative for legal expenses. His wife, Arlene, was staying with one of her daughters while she recovered from major heart surgery.
"[The homeless woman] offered to do some household chores for him, to which he agreed. Chores turned into using his shower on occasion and then sleeping in a guest room of his home for what he understood to only be a number of days," Towns' daughters wrote.
But the woman "quickly took advantage" of the man, moving two non-working automobiles, many of her belongings, her 15-year-old son, her boyfriend and her cat into the house.
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William and Arlene Towns, both in their 70s, have been forced to move in with their daughter and are struggling to cover attorney fees. The daughter claims that a homeless woman took advantage of their father, who is suffering from dementia, and turned a few nights to get back on her feet into indefinite residency at their home. (Provided by Christina Elmore)
"[The boyfriend] harasses our dad and our family and friends when asked to leave," the daughters wrote. "He has provoked altercations with our dad on numerous occasions and gets into arguments with a number of unknown other groups of people that come by the property to seek him out."
Now, Towns is "extremely uncomfortable having these people and their associates in his home, and is fearful of his safety when at the house."
The daughters claim that the squatters have started up a "mushroom growing operation" in the couple's living room, that there is "underage drug use" in the home, that they "intentionally flash" firearms at security cameras installed in the home, that they "turn on faucets and the hose just to let water run" and "leave every light on in the house 24/7."
"They spend their days living in the home as if it is their own, rummaging through drawers and cupboards, going through storage items, using all appliances, dishes, tools, food in the refrigerator and pantries, etc.," the GoFundMe states.
"There was never an agreement by our dad, mom, or any of our family members with these people stating that they or any other occupants could take permanent residency in the home or on the property, but because they have stayed in the home for more than a few days, they have rights to the home and can do as they please.
"This isn't their first rodeo, and they have taken full advantage of the system and know the law is in their favor and seem to live confidently that they will have free housing and utilities for months through this process."
"What's the difference between what happened in Colorado and a home invasion?"
— Real estate litigator Kevin Hughes
The Towns couple live off Social Security on a fixed income, their daughters wrote, and cannot afford the exorbitant legal fees associated with extricating their unwelcome guests. They wrote that an attorney will charge a $1,800 retainer and $400 to $500 per hour. Meanwhile, the family claims, the squatters "receive free legal services, court fees waived, all of their required paperwork provided directly to them... everything served to them on a golden platter."
The family wrote that they have called on the Colorado Springs Police Department "exhaustively" for help. "Many times dispatch doesn't come at all; others it takes 24+ hours for an officer to come, and when they do, they speak to this woman and her boyfriend and they are not given permission by them to enter the property, so they can't do anything."
"We feel so helpless, and each day that goes by and each new failed attempt to ask for help from law enforcement leaves us feeling less and less trust in the system's ability to keep our community safe," the daughters write. "We just don't know what else to do, and just sitting around for months watching while our parents are scared to live in their home is unbearable, unfair, and absolutely unacceptable."
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The Colorado Springs Police Department told Fox 21 that because the alleged squatters were invited inside, it is not trespassing, and evictions are handled by the Sheriff’s Office. The case will likely require a court order, judge’s decision and enforcement by El Paso County. (Colorado Springs Police Department)
The Colorado Springs Police Department told Fox 21 that because the alleged squatters were invited inside, it is not trespassing, evictions are handled by the Sheriff’s Office, and that the case will likely require a court order, judge’s decision, and enforcement by El Paso County.
Fox News Digital could not reach the Colorado Springs Police Department and the El Paso County Sheriff's Office for comment at press time.
"From a legal perspective, the key here is the permission – if the people were not invited into the home, they'd be squatters, they'd be trespassing, and you could go directly to law enforcement," real estate litigator Kevin Hughes, a partner at California-based Foundation Law Group, told Fox News Digital. "You still would have to go ultimately through the legal eviction process… they have rights and they have rights to due process.
"What you would need to do, you should engage an eviction lawyer. You're going to need ultimately to write a letter, give them clear notice, and demand that any tenancy rights they have are hereby terminated, and they have to leave by this specific date. That's the start of the process."
If the interlopers don't leave by that point, Hughes said, the couple can file an eviction complaint. After another 30 to 45 days, a judge may give sheriff's deputies an order that would allow them to remove the unwanted family.
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Foundation Law Group partner Kevin Hughes detailed the arduous process the couple will face getting their home back. (Provided)
"The reality is you probably have these people staying under your roof for a couple of months, even after you start this process with that notice letter," Hughes said.
The father's allegedly compromised mental state could add a layer of complications to the situation rather than a legal remedy, Hughes said.
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"It's just a question of whether the parent has the cognitive capacity to be a good [legal] client and to advise and instruct the lawyer… if not, you get into a situation where you may need either a power of attorney, a legal guardianship or conservatorship," Hughes said. "And that is complicated and that's time-consuming and that's expensive, and that's a different lawyer…. But we just want to get the squatters out. And already, we're thinking about how much time that's going to take and how much money it's going to cost."
"What's the difference between what happened in Colorado and a home invasion? Except the people who invaded got comfortable? And, you know, and brought their toothbrushes. Well, it doesn't seem like the law should favor that. That's crazy. And because it's crazy, the law should be different."
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