Florida squatters. What's the deal?

[JSnover]

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]

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/evi...rida-eviction/
https://www.melbournelegalteam.com/e...s-florida-law/

[Handloader109]

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]

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]

Did your friend have a lease agreement ?

[Taylor]

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]

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]

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]

Owning rental property is not a good hobby.

[MUSTANG]

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-Compl...tor-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]

There was a book about squatters in Florida. Very funny. It was eventually made into a movie and Elvis played the lead role.

[Kraschenbirn]

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]

Hire ACDC Dirty Deeds Done Cheap!!

[2wheelDuke]

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]

Hire ACDC Dirty Deeds Done Cheap!!

I like it! I could never be a landlord because assault is illegal.

[GOPHER SLAYER]

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]

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]

If they are not a legal tenet that are trespassing ,

[725]

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]

Not enough info, we don't even know if they are behind on the rent, or if it was legal to sublease.