I engaged Cy, dba as "Handy Rebel Home Services", through the "porch" website to install an electric water heater to replace my old propane heater. This on or about 10/17/19. As I recall, we agreed on $300 to install the heater plus $400 to install a sub panel near the heater and the needed heavy wire about 100 feet from the front of the house to the rear. I was to supply all needed material. I never authorized Cy to buy material on my behalf.
Responding to Cy's plea that he needed money, I made payments of $300 and $200. Progress was very slow with many small tasks needing to be redone.
I eventually decided Cy was not competent to work without supervision. He agreed to consult with me before he embarked on any action.
He had related his homeless condition. He said he was living out of hotels day to day and sometimes sleeping in his truck. I had some sympathy for him.
On Tuesday, 10/19, I offered him the choice of two living quarters I have on my farm. The duration to be less than one month. One is a poor condition RV trailer for which I did not expect payment. The other is a site constructed good condition cabin. The price on that was to be $300 for the month. He chose the cabin. Since he claimed to be destitute, I did not attempt to extract prepayment or property deposit. The trailer is on the east side of the county road and I took him over there to show. While over there, I showed him the 16' flat bed trailer that he expressed an interest in acquiring. We made no agreement on the 16' trailer.
After two days, I found Cy violating two of the stipulations I placed on his occupancy: 1) dog not to live in the house 2) parking on the firm ground to the rear of the house, not on the soft ground in front of the house. I told him to vacate and that he could leave my property or go over to the trailer to live.
Then next day, finding Cy still there, I called the sheriff to remove him. I was informed by the deputy that by virtue of being there three days, Cy had "tenants" rights and would have to be evicted. Much education here. Had I called the sheriff instead of giving him a day to move, the sheriff would have removed him.
There have been several incidents of vandalism since the above account ends. Here is the most recent (11/10/19). This is the account supplied to the sheriff:
Solar Panel Vandalism
McKemie Farm in Dale
11/10/2019
This morning about 9:30, I discovered a broken solar panel in my north yard, near the east end of a string of about 25 panels. All panels were undamaged late in the day 11/9/19. There was an out of place rake adjacent to the broken panel; the apparent tool used to break. Just after 9:30, I called the sheriff’s office to report. A deputy arrived within minutes.
This likely is associated the the dog belonging to my squatter, Cy Cruz. Yesterday, late afternoon the dog had been following me around making a nuisance of herself; she had followed my golf cart for a mile or so. I placed her in chain link kennel behind my house previously used to hold dogs. My intent was to take her to the animal shelter at a time convenient to me.
Closer inspection indicated that a rotten log had probably been thrown against panels on the west end of the string of panels and had not broken a panel. Also, a piece of PVC pipe had been removed from the kennel and left near the panels.
William M. McKemie 10:30 am 11/10/19
https://photos.app.goo.gl/5hYGGS1Y6Ak2SYfTA
11/17/19
Trial is only three days away.
Following is an accumulation of all/most of the vandalism incidents.
https://photos.app.goo.gl/HmDHscUmsH32JvCa9
I'll likely be comenting on individual incidents.
Today, 11/17, I noticed a pile of construction debris near the "party shed". An electric cow fence had been cut to reach the dump area. A few days ago, I had seen Cy's truck loaded with similar stuff. Presumed to be from some other job he is working. Deputies came out and issued him a dumping citation and he agreed to pick up. I wonder where it will end up?
Electric problem was resolved with the shielding of the deputies. Early this morning, I had attempted to get a deputy out to provide that service. Sheriff's night sargent refused and referred me to constable's number which went unanswered. Last night, I had discovered that I had no water. After doing without water all day, with deputy shielding, I found the pump unplugged this afternoon. That is odd because the cabin would also be without water. There was no power in the big barn. That problem was all breakers in the subpanel were turned off. A week or longer ago, Cy had been instructed by the sheriff people to go nowhere on my property other than the cabin and the route to the cabin. Both the dumping and the big barn electric cut offs were violations of those instructions.
Here are approximate losses of the vandalism incidents:
1) broken PV panel, ~$300
2) crushed Black and Decker 20" battery powered mower, ~$400
3) badly damaged antique "secretary"/desk probably circa 1880-1890, $500+
4) damaged custom made cedar free standing kitchen counter, ~$300
5) the damage to the interior of the cabin can not yet be quantified, perhaps $5k.
6) damage to 16' flat bed trailer, perhaps $200.
7) while doing the job for which he was hired, he ruined about $500 worth of heavy electric cable
8) 11/19 broken casting on rolling gate. $200-$500
9) probably days after the damage, I discovered old fence mounted video cameras had been vandalized. In addition, the heavy fence was bent and torn loose.
10) not pictured are two remote (~1/4 mile from house) intruder detection devices which had been torn from their mounts and left on the ground.
Feel free to ask questions on any photos that need more description.
Thanks to Gail for finding the link to the appropiate legal code:
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.24.htm
Shortly after the eviction trial, the guest house burned. The trial ended with the judgement to evict in five days. With an almost certain appeal, occupancy would have stretched at least four weeks longer. A semi-fortunate fire.
I've been collecting information on the squatter. Something I should have done before hiring and befriending him.
The seller/owner of the truck had been searching for the truck the squatter had been driving. It seems the squatter has had previous such trouble:
https://photos.app.goo.gl/uCiT4Rw7amummMtA9
I believe I posted this elsewhere:
https://www.texascrimelog.com/austin/2019/08/cyan-cruz-0600-0-theft-prop-2500/
Porch.com listing for squatter:
https://porch.com/austin-tx/handymen/handy-rebel-home-service/pp
Porch has denied liability and apparently does no background checks.
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