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View Full Version : Florida squatters. What's the deal?



JSnover
05-12-2018, 10:00 PM
A friend of mine owns a small rental down there (I don't know which part of Fla). Last month her tenant got thrown in jail and won't be back any time soon and his drug addict friends have moved into the house. Apparently he was renting rooms to them. She lives in New Jersey so she couldn't really watch over the place.
She says the police can't throw them out, the only way to get rid of them is to sell the house (good luck if it's filled with crackheads) and the new owners will be able to evict them.
I have no idea where this information comes from but it makes no sense to me. Does anyone know what legal rights a property owner in the state of Florida has in a case like this?

Boolit_Head
05-12-2018, 10:11 PM
There should be some sort of eviction process to file via their equivalent of a constable. Police are more concerned with enforcement of criminal laws. Constables, at least in Texas, are a bit closer to serving papers and enforcement of legal processes from the courts. A call to the constable should get her some much better information. A call to the County Clerks office might get her some good info too.

A quick google turned up this.

https://www.landlordguidance.com/eviction-notice-forms/florida-eviction/
https://www.melbournelegalteam.com/eviction-process-florida-law/

Handloader109
05-12-2018, 10:42 PM
Two issues. Owning a property in a state in which you don't reside, and not knowing your rights and laws/procedures in that state. She needs to evict and sell.

abunaitoo
05-13-2018, 03:24 AM
I think she has to go to court and file for eviction.
It could take a long time to get them out, if she doesn't know who they are.
She could try to file for trespassing with the cops.
Her best bet would be to go there, or hire someone, to do it in person.

toallmy
05-13-2018, 06:58 AM
Did your friend have a lease agreement ?

Taylor
05-13-2018, 07:46 AM
Sheriff, I believe takes care of evictions in Tn. My brother (Ky.) has the same issues, they won't move out. The house is next door to his. Have already caught it a fire. Suspect them cooking meth.

bedbugbilly
05-13-2018, 07:58 AM
What was her lease or rental agreement? Did she have a clause preventing sub-renting or sub-leasing? A lot of unknowns . . . as the property owner, she should have invested the time and money in talking to a good lawyer who knows FL's rental/lease laws. I find it hard to believe that she can't get them out and would have to sell the house. If she had a leas/rental agreement, what did it have to say about use of drugs on premise? Can she prove drugs are being used/sold there? As Judge Judy says, you can't go to a restaurant and order a hamburger, eat it and then refuse to pay for it. I'd be talking to a lawyer and actually see what can be done - not depend on what the local PD says. Unfortunately, by the time she gets them out, the place may be trashed. Living in one state and renting out property you own in another state is never a wise move . . . it might cost money but a reputable rental agent who can eep tabs on things is money well spent in cases like that. Hopefully she can get it all taken care of and accomplished without too much heartache.

toallmy
05-13-2018, 08:01 AM
Google eviction notice , then contact a attorney in that country get the paper work started - it's going to be aggravating and take some time .

bdicki
05-13-2018, 09:00 AM
Owning rental property is not a good hobby.

MUSTANG
05-13-2018, 09:15 AM
Is the rental of the property with a Realty Agent for management? If so, they should deal with the eviction process. If they fail to do so; file a complaint with the the State Licensing for them not doing their job.

https://www.wikihow.com/File-a-Complaint-Against-a-Realtor-in-Florida

Key words are "Failure of Fiduciary Duty"


A duty of loyalty is one of the most fundamental fiduciary duties owed by an agent to his principal. This duty obligates a real estate broker to act at all times solely in the best interests of his principal to the exclusion of all other interests, including the broker's own self-interest.


Additional important Legal term with the Realtor is "Agency"


An agency agreement is a legal contract creating a fiduciary relationship whereby the first party ("the principal") agrees that the actions of a second party ("the agent") binds the principal to later agreements made by the agent as if the principal had himself personally made the later agreements.

Too often realtors in today's world have become nothing more than highly paid paper shufflers, eager to take money from clients, but nothing more than "Hand Wringers" when it's time to do the hard part of their profession.

Tatume
05-13-2018, 09:19 AM
There was a book about squatters in Florida. Very funny. It was eventually made into a movie and Elvis played the lead role.

Kraschenbirn
05-13-2018, 11:08 AM
Answer(s) to the OP's questions will be in the rental contract (if there is one...you'd be surprised how many "small rentals" are verbal/handshake deals). Any properly drafted property lease has a 'sub-lease' clause defining whether sub-leasing is allowed and, if allowed, defines the terms/conditions of any sub-lease and should require a written sub-lease contract signed by ALL parties: owner, original tenant, and sub-leasee. In the absence of a formal sub-lease, the owner should be able to have the squatters removed as trespassers because they have no legal claim to tenancy.

'Round here, it's a real PITA to get rid of a deadbeat tenant regardless of the terms of his/her lease...usually takes about 90 days and, at least, two court orders...but trespassing is a criminal issue and, once a warrant is issued, it's "leave now or be hauled off in cuffs."

tinsnips
05-13-2018, 11:19 AM
Hire ACDC Dirty Deeds Done Cheap!!

2wheelDuke
05-13-2018, 11:29 AM
It'd help to know which area. As a Florida LEO, I've dealt with more than enough landlord/tenant calls.

In my county of FL, it starts with a civil process of the owner/agent posting a 3 day notice. After that's not heeded, they can file for eviction. That's posted by a deputy Sheriff, and has a court date that must be attended by both parties.

Does your friend have some local person managing the property? That person needs to have power of attorney for the property basically to have any authority. Verbal doesn't cut it.

The judge will decide terms and order the eviction, which will be carried out by the deputies. If somebody's in there without permission after that final eviction is posted, it's a trespass arrest.

At this point there's more questions than answers.

Texas by God
05-13-2018, 11:30 AM
Hire ACDC Dirty Deeds Done Cheap!!
I like it! I could never be a landlord because assault is illegal.

GOPHER SLAYER
05-13-2018, 02:14 PM
A friend of mine had the same problem. He asked his old biker buddies to take care of it, and they did. They all roared on their hogs and started to demand payment for the drugs they gave him to sell. When said he didn't know what they were talking about, they told him he had until noon the next day to come up with the money. He moved out that night.

sandman228
05-13-2018, 04:01 PM
my wife and I used to work for an older couple that owned approx. 40 rental properties in this area .have to file eviction and give a 30 day notice even to a squatter if I remember right .

toallmy
05-13-2018, 04:16 PM
If they are not a legal tenet that are trespassing ,

725
05-13-2018, 04:55 PM
If they are druggies, visits from the police make 'em uncomfortable.
If they are trespassers, visits from the police should move 'em.
tinsnips approach makes me all warm and fuzzy, but can backfire.
If the owner is a remote operator, it's going to be difficult without some body on the ground to make it all happen. Somebody big.

MT Gianni
05-13-2018, 06:31 PM
Not enough info, we don't even know if they are behind on the rent, or if it was legal to sublease.

higgins
05-13-2018, 08:26 PM
If children are in the house, and it can be proved to be an unsafe environment get child protective services involved. That may get a quicker response than anything else, and do some good at the same time.

NyFirefighter357
05-13-2018, 08:47 PM
https://lieserskaff.com/getting-rid-of-squatters-living-in-your-florida-home/

Getting Rid of Squatters Living In Your Florida Home
By: Jeff Lieser Posted on: Friday, May 30th, 2014

Kicking strangers out of your home may be harder than you think. Just ask the Army Soldier whose Pasco County, Florida home was invaded by a couple of squatters while he was away serving his country. Two complete strangers moved into the Soldier’s home, changed the locks and refused to leave. If that wasn’t distressing enough, the Pasco County sheriff’s office told the Soldier that police could not do anything to remove the squatters.
Verbal Agreement

Before his deployment to Afghanistan two years ago, the Soldier asked a friend to keep an eye on his home. The friend enlisted the help of one of the squatters to renovate the home while the Soldier was gone. Two months after the work was completed, the friend discovered the squatters living in the home, much to her surprise.

The squatters claimed that the Soldier’s friend agreed to allow them to live in the home rent-free in exchange for performing the renovation. Although the friend denied that such an agreement existed, the squatters’ claim was enough to place the matter outside of police intervention. In other words, the case was now a civil matter.
Unlawful Detainer Action

Therefore, the Soldier’s recourse was to file an unlawful detainer action, a type of lawsuit that is governed by a summary procedure that expedites the litigation. Filing an eviction complaint would not have been the proper remedy because evictions are for removing tenants with leases, and a squatter is not a tenant.

Compared to the slower pace at which most civil actions proceed, unlawful detainer actions should move quickly through the courts. A response to the complaint is due within five days after it’s served, and a judgment often issues within three to four weeks.
Real Estate Attorney

Fortunately, the Soldier did not have to seek legal redress. His story struck a nerve in the community whose overwhelming support of the Soldier apparently pressured the squatters to move out of the house on their own. But not everyone who is faced with situation like the Soldier’s has the force of the community to remove a squatter from their home. You may need the help of a Tampa real estate lawyer because the police are often unable to do anything about squatters who claim they have a right to be in your home.

NyFirefighter357
05-13-2018, 08:49 PM
http://thinblueflorida.com/?p=9968

New Florida Transient Occupant Law
Posted on June 15, 2015 by Randall


Hobos–Library of Congress

The text is a bit lengthy, but I have pasted in the new Florida State Statute 82.045, which allows a law enforcement officer to remove transient occupants from a home at the owner’s request. This has been gray area for the police when confronted with ejecting an unwanted guest from a dwelling where they had taken up temporary residence. Generally, it has been practice to treat as a civil matter and tell the homeowner that they must start a lengthy eviction procedure to remove the persona non grata.

The statute addresses factors a LEO may use to determine if a subject is a transient occupant, procedures for their removal, and protection for the good faith use of this statute by officers. Civil remedies are notated at the end of the statute.

Understandably, this situation has, up until now, frustrated well-meaning complainants. I believe that the new law, signed by the Governor two weeks ago, will alleviate the problem of someone’s buddy becoming their bestist squatter. This statute makes it a criminal trespass to remain on site after warning and is therefore arrestable on view. The new law takes effect on July 1. 2015.

Randall

An act relating to unlawful detention by a transient occupant; creating s. 82.045, F.S.; defining the term “transient occupant”; providing factors that establish a transient occupancy; providing for removal of a transient occupant by a law enforcement officer; providing a cause of action for wrongful removal; limiting actions for wrongful removal; providing a civil action for removal of a transient occupant; providing an effective date.

Be It Enacted by the Legislature of the State of Florida: Section 1. Section 82.045, Florida Statutes,is created to read: 82.045

Remedy for unlawful detention by a transient occupant of residential property.—

(1) As used in this section, the term “transient occupant” means a person whose residency in a dwelling intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature. (a) Factors that establish that a person is a transient occupant include, but are not limited to:

1. The person does not have an ownership interest, financial interest, or leasehold interest in the property entitling him or her to occupancy of the property.

2. The person does not have any property utility subscriptions.

3. The person does not use the property address as an address of record with any governmental agency, including, but not limited to, the Department of Highway Safety and Motor Vehicles or the supervisor of elections.

4. The person does not receive mail at the property.

5. The person pays minimal or no rent for his or her stay at the property.

6. The person does not have a designated space of his or her own, such as a room, at the property.

7. The person has minimal, if any, personal belongings at the property.

8. The person has an apparent permanent residence elsewhere. (b) Minor contributions made for the purchase of household goods, or minor contributions towards other household expenses, do not establish residency.

(2) A transient occupant unlawfully detains a residential property if the transient occupant remains in occupancy of the residential property after the party entitled to possession of the property has directed the transient occupant to leave.

(3) Any law enforcement officer may, upon receipt of a sworn affidavit of the party entitled to possession that a person who is a transient occupant is unlawfully detaining residential property, direct a transient occupant to surrender possession of residential property. The sworn affidavit must set forth the facts, including the applicable factors listed in paragraph (1)(a), which establish that a transient occupant is unlawfully detaining residential property. (a) A person who fails to comply with the direction of the law enforcement officer to surrender possession or occupancy violates s. 810.08. In any prosecution of a violation of s. 810.08 related to this section, whether the defendant was properly classified as a transient occupant is not an element of the offense, the state is not required to prove that the defendant was in fact a transient occupant, and the defendant’s status as a permanent resident is not an affirmative defense. (b) A person wrongfully removed pursuant to this subsection has a cause of action for wrongful removal against the person who requested the removal, and may recover injunctive relief and compensatory damages. However, a wrongfully removed person does not have a cause of action against the law enforcement officer or the agency employing the law enforcement officer absent a showing of bad faith by the law enforcement officer.

(4) A party entitled to possession of a dwelling has a cause of action for unlawful detainer against a transient occupant pursuant to s. 82.04. The party entitled to possession is not required to notify the transient occupant before filing the action. If the court finds that the defendant is not a transient occupant but is instead a tenant of residential property governed by part II of chapter 83, the court may not dismiss the action without first allowing the plaintiff to give the transient occupant the notice required by that part and to thereafter amend the complaint to pursue eviction under that part. 84 Section 2. This act shall take effect July 1, 2015.

RED BEAR
05-13-2018, 09:52 PM
rember watching a story on the news about squaters in expensive homes in Florida and it could be s nightmare to get them removed. the best i can tell you is to seek legal advice from fla. attorney.

MT Gianni
05-15-2018, 09:05 PM
There was a book about squatters in Florida. Very funny. It was eventually made into a movie and Elvis played the lead role.

Pioneer Go Home, IIRC Richard Powell was the author.

9.3X62AL
05-15-2018, 09:32 PM
Gopher Slayer's account above is close to that of some family friends that own a very successful bail bond business. They also had a number of rental properties, and from time to time a tenant would begin performing poorly. San Bernardino has its share of gang members, among them at least two internationally-known 1%er motorcycle club chapters. The bondsman gave the clubs a reduced rate on their bond premiums in exchange for occasional taskings as eviction expediters, collection agents, and skip tracers. Few things are as effective at prompting departures as a 9 A.M. arrival of 6-8 patch holders on Harleys making announcements that all persons and property remaining on premises at 9 A.M. tomorrow become the prey and/or property of the Inland Empire Chapter of the _________ Motorcycle Club. Very effective, never failed.

JSnover
05-21-2018, 09:03 PM
Thanks a lot, everybody. With luck they'll be cleared out by the end of June. Eviction notice was served to the tenant (jailed) and a copy posted at the house, plus the local police found sufficient grounds to 'visit' the property.

JSnover
05-21-2018, 09:08 PM
Did your friend have a lease agreement ?

There was a lease but when the occupant was jailed he became unable to pay so he's been notified that his lease is broken, eviction notice sent.

JSnover
05-21-2018, 09:11 PM
Yeah, the property was bought by her late husband. It wasn't really anything she wanted to be involved in but when he died she continued to rent it out. Now with all of this going on she's working on evicting and selling ASAP.