Not sure if this is common knowledge or not, but I was in a similar situation before (ex's place, she refused to let me in to get my stuff since I wasn't on the lease) and the police upheld this argument here in PA. If the address is on your driver's license and/or you get mail there, it's your residence. May be useful for a semi-permanent squat, but I don't know if this works if you were trespassing in the first place.
Exerpt: (minus commentary)
An elderly Spokane Valley couple, Don and Peggy Bain, both 81, let Peggy Bain’s son, Skippy Ray Davis, live in their detached garage behind their home. Unbeknownst to the Bains, Davis let a lady named Susan Pierce move in with him. Not only Pierce but several other people.
On the first of April, Davis was arrested and booked into jail for failing to pay fines associated with drug convictions.
When the Bains tried to enter the garage, they were denied access by Pierce and several other people. They claimed that the garage was their home and the Bains had no right to oust them. Fortunately for the Bains, some of the folks moved out upon being requested to leave the first time.
The Bains called the cops and were told by the police, “it’s still hers, and you’re not allowed to go in there,” The police stated they were acting under the state Landlord-Tenant Act which is intended to protect people from being thrown out of their homes suddenly and without cause. Lt. Stephen Jones, of the Spokane Valley Police Department said that Pierce had lived in the garage with Davis and that once a person establishes proof of residence – Pierce showed a piece of mail addressed to her at the garage – the department requires an official eviction proceeding, overseen by a judge, rather than making its own judgments. Enter the Bains’ attorney, Pete Schweda. He said the case is best viewed not as a landlord-tenant dispute, but as a trespassing or burglary. A landlord-tenant relationship never existed – the people moved in without permission, never paid rent or signed a lease, and simply refused to leave. Under the law, a “tenant” is defined as “any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.” Pierce has since moved out leaving no forwarding address.
end of story—
Full Story: http://www.biggerpockets.com/renewsblog/2009/04/24/residency/
Exerpt: (minus commentary)
An elderly Spokane Valley couple, Don and Peggy Bain, both 81, let Peggy Bain’s son, Skippy Ray Davis, live in their detached garage behind their home. Unbeknownst to the Bains, Davis let a lady named Susan Pierce move in with him. Not only Pierce but several other people.
On the first of April, Davis was arrested and booked into jail for failing to pay fines associated with drug convictions.
When the Bains tried to enter the garage, they were denied access by Pierce and several other people. They claimed that the garage was their home and the Bains had no right to oust them. Fortunately for the Bains, some of the folks moved out upon being requested to leave the first time.
The Bains called the cops and were told by the police, “it’s still hers, and you’re not allowed to go in there,” The police stated they were acting under the state Landlord-Tenant Act which is intended to protect people from being thrown out of their homes suddenly and without cause. Lt. Stephen Jones, of the Spokane Valley Police Department said that Pierce had lived in the garage with Davis and that once a person establishes proof of residence – Pierce showed a piece of mail addressed to her at the garage – the department requires an official eviction proceeding, overseen by a judge, rather than making its own judgments. Enter the Bains’ attorney, Pete Schweda. He said the case is best viewed not as a landlord-tenant dispute, but as a trespassing or burglary. A landlord-tenant relationship never existed – the people moved in without permission, never paid rent or signed a lease, and simply refused to leave. Under the law, a “tenant” is defined as “any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.” Pierce has since moved out leaving no forwarding address.
end of story—
Full Story: http://www.biggerpockets.com/renewsblog/2009/04/24/residency/
