A San Antonio family is finally breathing a sigh of relief after a month of living with a stubborn squatter. Abram Mendez and his wife, the owners of a fixer-upper, anticipate the eviction of a man who was originally hired to work on their floors but overstayed his welcome, claiming squatters' rights. According to FOX San Antonio, the Mendezes have now received a writ of possession that would allow them to reclaim their property.
The saga began when the worker, needing a place to crash, convinced the Mendezes to let him stay temporarily to speed up the job. But days turned into weeks, with the man refusing to leave and even climbing in and out through a window. As Abrams explained in a statement obtained by News 4 San Antonio, "It was like a rigged system from the beginning almost." Despite frequent calls to the police, the response from law enforcement was, according to the family, less than satisfactory.
The situation escalated when the family attempted to block the squatter's re-entry, resulting in a confrontation documented on Yudith Mendez's cellphone. "The other party allowed the subject to stay at the house for a few dates to work on the bathroom. The owners allowed the subject to stay to “finish the job faster.” The other party has placed eviction of location and notices to appear. The officer was shown a video of the subject walking towards to door and the other party is seen trying to stop him from entering. The other party places her body in front of the subject to stop him from entering. The other party claims the subject has the other party’s phone. The officer spoke to the subject through the phone, who says he has been staying their for a month and confirmed he was allowed to be there because of work he was doing on the home. He denied having the other party’s phone. The officer explained protection SB1 has under the Texas Residency law, which allow the eviction process to take place," translates a police report detailing the incident. The officers, drawing on Texas Residency law, explained the protection under SB1 for eviction processes.
"He's not earning any legal rights or legal title to the property in that circumstance," real estate attorney Christopher Hugg commented on the case not meeting the stringent requirements for adverse possession under Texas law. The family, despite having a hearing set, was facing the burden of additional costs. "We're saddled with court costs," Abram lamented in an interview with News 4 San Antonio.
The Mendezes' case highlights the gray areas in the law regarding squatters' rights and the eviction process. Emphasizing the intention behind adverse possession, San Antonio attorney Nohl Bryant stated, "It is not designed to reward bad behavior." Meanwhile, the Governor's office has reiterated that squatters can be charged with criminal trespass, amongst other crimes, and urged the aggressive prosecution of such offenses. It's a cautionary tale for homeowners, and the Mendez family's ordeal is a stark reminder that good intentions can sometimes lead to legal headaches.
