GOV/MIL Florida signs first in the nation anti-squatter law !!

[mzkitty]

1 HOUR AGO

ORLANDO, FL—Following jarring stories of squatters residing in and destroying homeowners' properties, Governor Ron DeSantis signed legislation Wednesday afternoon removing squatters' rights from Florida statute.

"You are not going to be able to commandeer somebody's private property and expect to get away with it," DeSantis said at the Orlando press conference. "We are in the state of Florida ending the squatter scam once and for all."

"Homes are being invaded, and those states and their laws aren't siding with the homeowners, they're siding with the squatters," DeSantis said, criticizing New York's laws.

He referenced two incidents resulting in a homeowner's arrest for changing locks to keep out squatters and another's murder by two teen squatters.

Lawmakers unanimously passed HB 621, which removes the premise of "squatters' rights" from Florida statute, gives police the right to immediately remove squatters, and makes it a felony for an invader to do $1,000 damage or more to the property.

"We'll be the first state in the country to be leaning in on this issue—that's typically the way it works on a lot of issues," DeSantis said.

The bill was borne from increased complaints of squatter presence across the state: Patti Peeples was one such victim.

Newsnation reported on her battle with two female squatters in her new home. Under Florida law, the women were allowed to live in her home for at least 20 days until a judge finally declared them to be in default.

Peeples sued to kick out the squatters, but it was weeks before the county sheriff removed the women and their possessions. However, the squatters left behind $40,000 worth of damage.

Justin Mielcarek of Winter Park spoke at the press conference, telling his story of squatters moving in across the street and "turning the house into a drug and prostitution house," he said.

He said the squatters were present for five months, bringing "reckless driving, drugs, weapons, and verbal threats." He said the police's hands were tied, as squatters' rights under Florida statute is a civil matter requiring a court process.

"We were prisoners in our home."

Under the newly signed bill, however, squatters will be expeditiously removed and penalized.

Florida Signs First in the Nation Anti-Squatter Bill Into Law

ORLANDO, FL—Following jarring stories of squatters residing in and destroying homeowners' properties, Governor Ron DeSantis signed legisla

floridianpress.com

 

[nomifyle]

Prayerfully Louisiana will follow suit.

 

[Kathy in FL]

I wonder how this will effect the landlor/tenant laws for evictions for what is called "holding over" as defined as staying beyond the end of your lease and refusing to move. The law used to say that landlords have the right to charge Holdovers 2.5 times their rent until they removed or were evicted. They were basically squatters because there was no lease in place.

Gonna be interesting to see the law suits this brings.

 

[bassaholic]

So they are basically implementing what some of us refer to as "common sense".

 

[Southside]

Thank you Gov. DeSantis.
Soon, you will be my Governor.

 

[Macgyver]

I wonder how this will effect the landlor/tenant laws for evictions for what is called "holding over" as defined as staying beyond the end of your lease and refusing to move. The law used to say that landlords have the right to charge Holdovers 2.5 times their rent until they removed or were evicted. They were basically squatters because there was no lease in place.

Gonna be interesting to see the law suits this brings.

Really should be 2 different things. A renter had a contract to stay there at some point.
A squatter is just a trespasser using a different name.

 

[Blue 5]

This ought to be fun to watch. Expect 10,000 liberal lawyers to descend on the state in a massive wave of lawfare.

 

[20Gauge]

I wonder how this will effect the landlor/tenant laws for evictions for what is called "holding over" as defined as staying beyond the end of your lease and refusing to move. The law used to say that landlords have the right to charge Holdovers 2.5 times their rent until they removed or were evicted. They were basically squatters because there was no lease in place.

Gonna be interesting to see the law suits this brings.

Yes and how the police determine what or whom a squatter is...... this is going to be a circus.....

 

[20Gauge]

Really should be 2 different things. A renter had a contract to stay there at some point.
A squatter is just a trespasser using a different name.

True, but once the contract is over, are they now a squatter?

Also, if a squatter creates a contract and shows it to the police, how will they determine if they are a squatter???

It is not as easy as they say

 

[Southside]

Probably will get one of these to hook into my current burglar alarm.
Never defeated!

Spray Defense | Non Lethal Self Defense | Home Security - Burglar Bomb Security Systems

Looking for a non lethal home security self defense system? You've come to the right place. Check out our spray defense products here. Call for more info.

www.burglarbomb.com

 

[ShadowMan]

Burglar Bomb.....wonder if you could put this on your door bell to repulse door to door sales, JW's and undesirables?!?! Asking for a friend.....

 

[Macgyver]

True, but once the contract is over, are they now a squatter?

Also, if a squatter creates a contract and shows it to the police, how will they determine if they are a squatter???

It is not as easy as they say

If they are still paying rent then they are a tenant.

If the contract does not have the owners (or agents) signature on it its not real.

 

[SSTemplar]

I carry my anti squatter law in my holster. You got your castle law and your stand your ground law.

 

[Toosh]

I had no idea that squatters had rights until all this stupid crazy stuff started. Seems like most of the squatters rights are in the blue states.

 

[20Gauge]

If they are still paying rent then they are a tenant.

If the contract does not have the owners (or agents) signature on it its not real.

if paying agreed, but I think we were discussing those who do not after the end of the lease

 

[20Gauge]

I had no idea that squatters had rights until all this stupid crazy stuff started. Seems like most of the squatters rights are in the blue states.

Want a really good one?

How do you get residency at a property location? No lease, no rental agreement, no purchase......

Nope, you just need to get mail there. Once you do, the police will back off and you then need to be evicted.....

This was California 23 years ago...... no idea if it is still the law, but I expect it is.....

Also, if you have a couch surfer for a few days, yep they are now a resident and you need to evict them legally with the courts.....

 

[Macgyver]

if paying agreed, but I think we were discussing those who do not after the end of the lease

Right.
But the difference is the renter had a reason to be there to begin with.

Don't take me the wrong way, if you don't pay rent the land lord should be able to throw you out after 30 days without have to deal with courts.

 

[Kathy in FL]

Really should be 2 different things. A renter had a contract to stay there at some point.
A squatter is just a trespasser using a different name.

In Florida if you do not have a valid and in-place Lease Agreement (a legally binding contract) then you are trespassing and can and will be evicted. It is just a process that takes time.

 

[Elza]

Peeples sued to kick out the squatters, but it was weeks before the county sheriff removed the women and their possessions. However, the squatters left behind $40,000 worth of damage.

And good luck getting your insurance to pay for the damages!

 

[Jeff B.]

I wonder how this will effect the landlor/tenant laws for evictions for what is called "holding over" as defined as staying beyond the end of your lease and refusing to move. The law used to say that landlords have the right to charge Holdovers 2.5 times their rent until they removed or were evicted. They were basically squatters because there was no lease in place.

Gonna be interesting to see the law suits this brings.

Very good question!

 

[Jeff B.]

The tolerance (even encouragement) of Property Crimes has become insane. This will be another "hot button" issue much like "stand your ground" laws between States. In Texas or Florida there could be many conditions that arise and up with a shooting that's legally viewed as justified and even protected (from lawsuits) while in the Blue States they howl about "peoples rights" and "murders".

I honestly do not know how well I would be able to handle the situation if we came back from a vacation and found our home occupied by squatters.

 

[Macgyver]

In Florida if you do not have a valid and in-place Lease Agreement (a legally binding contract) then you are trespassing and can and will be evicted. It is just a process that takes time.

You sure about that?
If your lease ends but you are still paying your usually can not be evicted. But they can raise rent, so it's a catch 22. Pay what they want or be evicted.

 

[Kathy in FL]

If they are still paying rent then they are a tenant.

If the contract does not have the owners (or agents) signature on it its not real.

All the landlord has to do is NOT ACCEPT THE RENT. That means there is no contracted agreement. The tenant must pay the rent to the clerk of the court and I can guarantee they will lose that money as forfeit for holding over. I don't know what the laws are in other states but landlords here in Florida are not required to accept rent from Holdover tenants. In fact, by doing so, you turn it into a verbal month-to-month lease.

 

[Kathy in FL]

You sure about that?
If your lease ends but you are still paying your usually can not be evicted. But they can raise rent, so it's a catch 22. Pay what they want or be evicted.

Positive, it is something we have had to deal with.

By accepting rent you are voiding the holdover. The tenant must still pay it to the Clerk of the Court, the same as with any eviction, and request a hearing. That doesn't mean they will be granted one or get their money back if the landlord can make their case with the filing.

If someone is being evicted the landlord cannot accept money or the eviction is voided. The past due rent must be put with the clerk of the court by the defendants within a specific period of time based on the type of eviction. If they do not, a landlord can get a summary judgment. If the defendant doesn't respond at all it is an immediate judgment. Then you get the writ of possession and have to take it to the sheriff who will serve it, but that takes time as well. Then if the defendants are well versed in "the system" then they'll wait until the last moment and ask for an emergency stay which screws up everything unless you as the plaintiff have provided sufficient response to the original response by the tenant that the judge will deny the emergency stay, but it still adds a day or two to the process.

Or say the tenant is withholding rent for some reason. They must notify the landlord in writing and why they are withholding (must fall into specific parameters to be allowed) and then they have to put it with clerk of the court or the landlord can evict for nonpayment of rent.

There is a legally defined process for all of these with specific legal documents required to be filed with specific language included.

 

[Kathy in FL]

Anyone interested in District 13 (Hillsborough county, FL) legal process for eviction you can look here:

County Civil / Evictions Forms | Hillsborough County Clerk

If you are looking for forms for eviction court cases, this page contains all of the forms that the Clerk provides (but not necessarily every form your case might possibly need -- in that case, visit the Law Library for those additional forms)

hillsclerk.com

If you are interested in landlord/tenant laws of Florida you can read here:

Chapter 83 - 2023 Florida Statutes - The Florida Senate

www.flsenate.gov

 

[20Gauge]

Right.
But the difference is the renter had a reason to be there to begin with.

Don't take me the wrong way, if you don't pay rent the land lord should be able to throw you out after 30 days without have to deal with courts.

I didn't. Just was being silly

 

[20Gauge]

Positive, it is something we have had to deal with.

By accepting rent you are voiding the holdover. The tenant must still pay it to the Clerk of the Court, the same as with any eviction, and request a hearing. That doesn't mean they will be granted one or get their money back if the landlord can make their case with the filing.

If someone is being evicted the landlord cannot accept money or the eviction is voided. The past due rent must be put with the clerk of the court by the defendants within a specific period of time based on the type of eviction. If they do not, a landlord can get a summary judgment. If the defendant doesn't respond at all it is an immediate judgment. Then you get the writ of possession and have to take it to the sheriff who will serve it, but that takes time as well. Then if the defendants are well versed in "the system" then they'll wait until the last moment and ask for an emergency stay which screws up everything unless you as the plaintiff have provided sufficient response to the original response by the tenant that the judge will deny the emergency stay, but it still adds a day or two to the process.

Or say the tenant is withholding rent for some reason. They must notify the landlord in writing and why they are withholding (must fall into specific parameters to be allowed) and then they have to put it with clerk of the court or the landlord can evict for nonpayment of rent.

There is a legally defined process for all of these with specific legal documents required to be filed with specific language included.

similar in GA

Expect to total time to take up to 60 days.

To keep it short though, you have to be on top of it. Don't pay on time, add 3 -5 days for a notice to pay or quit, then to the court house and they serve notice and the tenant has 10 days to respond, to add 15 days to the first 5 days for a total of 20 days, then once you call the court, it will be scheduled ( in my county ) the next available Monday.

So add 7 - 14 more days, we are now at 34 days, then when you win, ( it is rare to lose or you did something stupid ), they give 10 more days and then you have to call the Sheriff to evict and that can take omg who knows how long, but last time I did it, it was 7 days later.......so a total of 51 days if you are top of your game.......

Yeah 2 months after they stop paying rent...... or until you understand they are not paying rent.... your call.

 

[Thunderdragon]

I kick out tenants often. Not paying rent - takes about 2 weeks to get a court date. Then have to get sheriff to go evict. I have also purchased troubled properties with occupants with no leases. There are a lot of poorly managed properties out there. It takes 30 days notice if someone is paying rent but need them gone. Why? Former owners will lease to their friends for 250 a month in a market that is 1,000 a month and don’t want to rock the boat and would rather sell property than cause trouble. The only way you cannot get a tenant out is if they have term on lease and pay on time. As it should be. But I only deal with non urban properties in red states. Squatters. In my experience. Stay away from where I own properties. Prob afraid of being shot. Don’t own in big cities or blue states. Way less problems.

 

[summerthyme]

Burglar Bomb.....wonder if you could put this on your door bell to repulse door to door sales, JW's and undesirables?!?! Asking for a friend.....

Funny how 4 friendly dogs (ok, 3 friendly dogs and 1 suspicious and protective 110# Akita!) Prevent that problem from ever being a problem!

Summerthyme

 

[Thunderdragon]

Positive, it is something we have had to deal with.

By accepting rent you are voiding the holdover. The tenant must still pay it to the Clerk of the Court, the same as with any eviction, and request a hearing. That doesn't mean they will be granted one or get their money back if the landlord can make their case with the filing.

If someone is being evicted the landlord cannot accept money or the eviction is voided. The past due rent must be put with the clerk of the court by the defendants within a specific period of time based on the type of eviction. If they do not, a landlord can get a summary judgment. If the defendant doesn't respond at all it is an immediate judgment. Then you get the writ of possession and have to take it to the sheriff who will serve it, but that takes time as well. Then if the defendants are well versed in "the system" then they'll wait until the last moment and ask for an emergency stay which screws up everything unless you as the plaintiff have provided sufficient response to the original response by the tenant that the judge will deny the emergency stay, but it still adds a day or two to the process.

Or say the tenant is withholding rent for some reason. They must notify the landlord in writing and why they are withholding (must fall into specific parameters to be allowed) and then they have to put it with clerk of the court or the landlord can evict for nonpayment of rent.

There is a legally defined process for all of these with specific legal documents required to be filed with specific language included.

I have an attorney…but in most states I am familiar with. Lease expires. You want them gone. Have to,give 30 days notice. If not out in 30..you file for a court date. Usually two weeks out. After court. Evict. I have never had a tenant actually go to court. They are no show and are usually gone before eviction. For the record. I do not accept any rent during the 30 -50 day process. do not want any confusion. they usually stop,paying after 30 day notice is given. . Keep in mind. We offer people. A new lease at 90% of what we would be reletting it for. No one has ever taken this. They get mad. End up. Having to pay 20% more to move over what we were offering them. As they think it is some right to live there forever at a way below market rent. Also..you would be surprised most of these people. Don’t work. Some relative pays their rent. This is common. Another issue is. They don’t want to call and tell you things are broken. Makes units deteriorate quickly. Would rather have a tenant call about w water leak than put buckets everywhere.

 

[Warthog]

How about just releasing 2 angry German Shepherds inside and watch the squats really squat and shit!

 

[Barry Natchitoches]

Prayerfully Louisiana will follow suit.

And hopefully Tennessee too.

 

[Southside]

Funny how 4 friendly dogs (ok, 3 friendly dogs and 1 suspicious and protective 110# Akita!) Prevent that problem from ever being a problem!

Summerthyme

They tend to eat more in a couple of months than the burglar bomb costs. Oh, and the big + of being able to travel.