Local senior evicted, community looking to help

NORTH BENCH — A Boundary County senior has been evicted and the community is coming together to move her before winter sets in.

On Monday, Nov. 27 at a bench trial, Terry Brannon, 64, was evicted for violating a rental agreement, because she used a gate barred to her by the current property owner, Harlan Properties, LLC. 

On April 5, 2023, Brannon signed a new agreement that moved the lease to month-to-month. The lease was previously set to expire on Dec. 31, 2025. 

With the change to month-to-month, either party, Brannon or the property owner, could end the lease at any time. That resulted in Harlan Properties not needing to provide any reason to evict Brannon. 

In court, Brannon agreed that she needed to leave the property, as she no longer wished to remain there, but that she would need until at least June to move her wood, hay, animals and equipment from the property. 

Due to winter coming in and road conditions, Brannon has stayed on the property during winter months and hoped to stay another winter. 

Magistrate Judge Justin W. Julian, presiding over the case, said legally she would have to vacate the property within seven days after the eviction, adding he did not have the legal grounds to grant her to stay until June. 

Brannon did not have an attorney present and represented herself. 

Christopher Harlan, of Bushnell Law Firm, represented Harlan Properties, LLC. 

For Harlan Properties, Rebecca Harlan was brought as a witness. 

During cross examination Brannon asked Harlan why she was evicting her. 

Harlan said it was because Brannon would not follow the rules and would leave the southern gate open, which accessed Turner Hill Road, thus allowing Harlan’s cows to escape. She added that by leaving the gate open, people would come and go onto the Harlans’ property. 

Brannon did not provide additional cross examination, and said she couldn’t “bear to hear anymore lies.” 

During her own testimony, Brannon said she wasn't sure what she could say or how to provide. She asked for mercy from the court to allow her to stay on the property until June, since she would not be able to move all her things across the levy road, known as the northern entrance, due to road conditions. There is no cell service on the road and Brannon was concerned that she could slide off the narrow levy and into the pond and no one would know. 

She added that due to the road being impossible, she has been stuck on the property all winter for the past three years. She is unable to be plowed out since the southern gate cannot be accessed by her, per the lease agreement. 

Deryk Harlan also spoke as a witness of Harlan Properties. He is the son of Rebecca Harlan and works for the business. 

He said the northern gate and road across the levy was “perfectly drive-able” and that it is utilized by him and staff to tend to the cattle. He added that he has repaired the road in the past. 

Per the lease agreement, Brannon is responsible for the maintenance of all roads on the 10-acre property she rents. 

Brannon said she was concerned with Harlan Properties throwing out dead cattle near her property right off the road and attracting animals. 

Deryk Harlan said the harvest drop is about half a mile or three-quarters of a mile from her property and that the animals are dropped down hill near coyote dens as a deterrent from coyotes hunting Harlan’s cattle. He added that he’s not sure what animals congregate at the harvest drop. 

Brannon argued that the harvest drop brought cougars and bears in toward her property. 

Due to the bench trial being solely an eviction between Brannon and Harlan Properties, the claims were admissible and had no bearing on the trial.

Since the lease agreement is between Brannon and Harlan Properties and allows either party to cancel the lease anytime after a 30-day notice, Brannon was evicted. 

Judge Julian said due to the agreement Harlan Properties could evict Brannon anytime and that many of her additional concerns were beyond the scope of the hearing. 

Brannon has until Monday, Dec. 4, to vacate the property, located at 4223 Turner Hill Road. She is also responsible to pay the lawyer fees for Harlan, as laid out in the lease agreement. 

“They have added to the list of homeless senior citizens,” Brannon said after the trial.

Friends and neighbors have organized a GoFundMe donation page to help Brannon pay legal fees and find a place to stay. With the help of community members, Brannon is in the process of moving her logs, hay, livestock and the rest of her belongings. 

For more information, visit “Veterans Wife Being Evicted” on GoFundMe.

Brannon will have to leave behind the cabin she and her deceased husband Michael built.

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A story prior to the eviction, "Local senior facing eviction" ran in the Nov. 23 edition of the Herald.