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re: Big Ron squatters law in Florida first in the US outstanding .
Posted on 3/29/24 at 6:40 am to KiwiHead
Posted on 3/29/24 at 6:40 am to KiwiHead
quote:The perceived problem was that Florida law did not provide this sort of “near immediate“ relief. Property owners had to pursue a formal eviction lawsuit to remove people from their property.
Should not FL law enforcement have already been doing this? The law is all fine and good, but should not the cops and judges have already been doing this? Adverse Possession really should have only applied to long term occupants living on a property for long periods under very specific circumstances .
I just skimmed this bill, rather than reading it in depth, but it could be very problematic.
The property owner could demand that the sheriff remove tenant from his property, and it looks to me as if the sheriff would simply be required to do so, even if the reported tenant shows the sheriff a written lease.
The ACTUAL, contractual tenant”s only relief would be later filing a lawsuit for wrongful eviction. That private cause of action is all well and good, but it doesn’t put a roof over the heads of that family.
Posted on 3/29/24 at 6:47 am to MarquisHenri
quote:
The perceived problem was that Florida law did not provide this sort of “near immediate“ relief. Property owners had to pursue a formal eviction lawsuit to remove people from their property.
I just skimmed this bill, rather than reading it in depth, but it could be very problematic.
The property owner could demand that the sheriff remove tenant from his property, and it looks to me as if the sheriff would simply be required to do so, even if the reported tenant shows the sheriff a written lease.
The ACTUAL, contractual tenant”s only relief would be later filing a lawsuit for wrongful eviction. That private cause of action is all well and good, but it doesn’t put a roof over the heads of that family.
The law likely covers a situation some may not have considered. What if someone leases my beach house, which rents by the week, for 10K per week May 7-13, and I have a full calendar of renters all summer. I need the rental income to pay my mortgage.
Now, my May 7-13 renter decides they just love the view, and wants to squat there until October. Without this law, maybe they do just that, and deprive me of my income and deprive my guests of their planned summer vacation, and my house goes to the bank because some dirtbag just liked the view.
Posted on 3/29/24 at 8:07 am to MarquisHenri
quote:
That private cause of action is all well and good, but it doesn’t put a roof over the heads of that family.
They should go kick the asses of some squatters while they wait for the legal process to work. Squatters starting to get out of control is why this bill has happened in the first place, so don't blame the reactions of property owners and the legislature/governor, blame the a-hole squatters who created the mess this bill is intended to fix.
Posted on 3/29/24 at 12:43 pm to MarquisHenri
quote:
The property owner could demand that the sheriff remove tenant from his property, and it looks to me as if the sheriff would simply be required to do so, even if the reported tenant shows the sheriff a written lease.
The ACTUAL, contractual tenant”s only relief would be later filing a lawsuit for wrongful eviction. That private cause of action is all well and good, but it doesn’t put a roof over the heads of that family.
This bill is a good idea in theory. But there are some unscrupulous landlords that will abuse it in practice.
This post was edited on 3/29/24 at 12:45 pm
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