Florida squatters. What's the deal?

[higgins]

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]

https://lieserskaff.com/getting-rid-...-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]

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]

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]

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]

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]

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]

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]

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.