David Yonce of Mounds, Oklahoma, has a word of warning for others considering renting property or a home to friends: Make sure to have a contract.
"Even if your best friend wants to lease your house, dot all your i’s and cross all your t’s,” he told ABC News Channel 8 in Tulsa. “Do a very thorough job of the lease because you just don’t know when it’s a con.”
Yonce learned the hard way. He and his wife were good friends with another couple. Three years ago, Yonce started a business with his friend and — as part of the arrangement — offered to let the couple rent a home on his property for $5,000 a month.
For a few months, the couple paid, but then stopped. Three years on, they refuse to leave and Yonce calculates they owe more than $180,000 in back rent.
"It hurts, honestly, it’s hurtful," Yonce said. “We considered these people our best friends, my wife and I’s best friends.”
Ex-friends turned squatters
So why can't Yonce have law enforcement remove the couple from his property?
The problem is that the rental agreement he made with his ex-business partner was part of their business deal. There was no lease, which means Yonce and his wife can’t evict the couple. Now they’re forced to sue their ex-friends turned squatters.
A squatter is generally defined as a person who occupies a property without the owner's consent. They may live in abandoned homes, vacant land or even buildings.
While some high-profile squatter cases have grabbed headlines recently, legal experts say squatter cases are relatively rare.
New York City tenants rights lawyer Samuel Himmelstein told Newsweek that he’s seen an increase in ‘licensee holdovers’ — people who originally had permission to live in a property but refuse to leave after that agreement ends. This is the situation Yonce is in.
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How to mitigate the risks of squatters
Such cases can be complicated because, unlike traditional squatters, these individuals were once invited onto the property, making eviction harder. If you're renting a property, protect yourself with these steps:
Always have a written rental agreement or lease
Never rely on verbal or business agreements to rent a property. A rental agreement should clearly outline the rent terms, lease length and payment due. If the rental is part of a business agreement, make sure the lease covers what happens if the business dissolves.
Require an application and deposit, even if you're renting to friends
Ask for a rental application (consider doing a background check) from all prospective tenants, including friends, and require a deposit as part of the lease. This helps formalize the arrangement and gives you recourse to recover at least some funds if tenants stop paying.
Outline eviction processes
The lease should outline what happens if rent isn’t paid, laying out late fees, grace period and the formal eviction process. Removing non-paying tenants can be a lengthy, expensive battle — especially if local laws favor tenant rights. A well-documented process ensures you can take legal action quickly if needed.
Know your local laws
Tenant and squatter laws vary, and in some states, evicting a non-paying tenant can take months. Make sure you understand the steps required for eviction in your state. For example, in Oklahoma, landlords must post a notice and send a certified letter, then go to court.
Yonce’s experience is a cautionary tale about mixing business, friendship, and real estate. No matter how close a landlord and tenant are, it’s good to keep lease agreements professional to protect your legal rights.
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Danielle is a personal finance writer whose work has appeared in publications including Motley Fool and Business Insider. She believes financial literacy key to helping people build a life they love. She’s especially passionate about helping families and kids learn smart money habits early.
