Ron Fancher

Ron Fancher, 83, poses by a tractor on the property where he lived for six years before being evicted Tuesday.

POCATELLO — A local property management company and the landowner involved in the recent eviction of 83-year-old Ron Fancher offered a response Monday to the situation.

The property manager with Real Property Management of Pocatello said her company recently served the eviction writ against Fancher at his former apartment in the 3000 block of Jason Avenue, accompanied by Bannock County sheriff’s deputies, but her company did not participate in the disposal of Fancher’s assets.

She said it was the owner of the property, Drew Hojnacki, who had Fancher’s belongings moved into a dumpster to be disposed of.

“We would have given him the opportunity to get his things,” said the property manager.

The property manager said Fancher was given ample warning to vacate and refused to leave.

Hojnacki confirmed Monday that Real Property was not involved in the removal of Fancher’s possessions. The Idaho State Journal attempted to contact Real several times last week for more information about the eviction but got no response until Monday.

Hojnacki said he did not wish to evict Fancher but “he forced our hand when he refused to clean up the outdoor area that he claimed was his stuff and clean up the mess in the garage he was using for free and without permission.”

Hojnacki said all of Fancher’s things have now been cleared out of the apartment. Hojnacki said a pair of tractors that Fancher left behind will be listed for sale.

Idaho code gives a tenant three days following a court finding in favor of a landlord to remove personal property, after which a landlord has the right to “remove and dispose of all remaining property of the tenant ... without any further compensation or consideration to the tenant.”

“He had two to three months to gather his stuff and didn’t use it and made me get lawyers and the police involved, and at that point i had had enough,” Hojnacki said about Fancher.

Fancher said he earns just $800 in monthly income from Social Security. Fancher said he kept current on his rent and if he failed to act it was largely because he was confused about who was “calling the shots” with his property due to changes in arrangements. Fancher said he was starting to clean the back of the yard at the time of his eviction, adding that he was planning on having a sale to clear much of the stuff.

According to a notice of termination of lease agreement filed on Oct. 19, the reason for the lease termination was because the owner wished to sell the property.

“Please know, this termination is not a reflection of your tenancy, but instead the owner has chosen to sell the property,” the notice, sent by a prior property management company, Jacob Grant of Idaho Falls, reads.

Hojnacki declined to comment about what circumstances may have changed regarding the reason for Fancher’s eviction since the notice was issued.

Hojnacki offered advice to tenants to help them avoid evictions. First, he encouraged them to avoid having a month-to-month lease — the type of lease that Fancher had when he was evicted. Second, Hojnacki said tenants should make sure to attend any court dates related to their housing. A magistrate judge issued a default judgment against Fancher on Jan. 13 after he failed to respond to his eviction notice. Third, Hojnacki advised tenants to clean up messes when asked by a landlord.

Fancher is a disabled Army veteran who served during peacetime. He’s benefited from an outpouring of community support since his eviction. His friends also managed to salvage many of the possessions that were thrown in the dumpster by following the garbage truck hauling the items to the Bannock County landfill, where officials gave them time to recover anything of value.

Fancher said he’s been moved by the community’s generosity in offering him assistance in recent days.

“I didn’t expect that. I almost don’t feel like I should be worthy of that response. It’s just incredible,” Fancher said.

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