From reading other posts, I understand that the Florida sqatting law has be renamed as adverse possession. I am finding conflicting information regarding whether a person can "squat" or be charged for trusspassing.

My situation is this. I have rented a house for over 8 years. I went through a divorce and moved out. The lease was in my name, and remained in my name. We were on a month to month for a few years after the original lease ran out, so we and then she was on a month to month for over 5 years.We had a very good relationship with the owner.

When I moved out, I continued to pay the utilities (which were in my name) as partial child support, and have KEPT them in my name to this date.

Last December, my ex wife and kids were informed that the landlord was filing bankruptcy and that house was going to be turned over (forclosed?)

She moved out and left half of our belongings behind. (when I moved out, I was hoping for reconsilitaion, so I didn't take much).
When they moved out, I was left with a delema. What to do with 25 years of belongings in a house where we lived for over 9 years. A lot of stuff and no time to sort though or dispose of. I decided to sleep there on a mattress on the floor starting in January to keep an eye on our belongings. In April, I decided to move in fully and "squat" until I could figure out what to do with all our stuff. I officially moved out of the room I was renting on my own, and now am living there solely. I have kept the utilities on (consistantly since 2002) and have kept the yard and property up. I know my days are numbered, but I am wondering what are the possibilities for me.

Today I saw some one drive by the house (a faily young man, causally dressed, in a little sadan) taking pictures of the house). I am wondering who this was, or who told him to drive by and take pictures. I was embarressed because we had just had a week of rain and the grass was high. The grounds looked faily bad. I promtly got to the maintaince of the grounds today and the place looks great again.

I am figuring that keeping up the property in my only bargining tool here.

I called the CPA who has what I was told "jurisdiction" over the house while it is in limbo. The office told me that the bankruptcy was not finalized because there was a pending lawsuit that was not resolved yet and thus the bankruptcy, and that the house was not foreclosed yet. I can't get a hold on the status of the house. The public records do not show the taxes being paid by the bank, so I have been told the bank does not own the house. WHO owns the house and can I be evicted with a less then 30 day notice?
Thanks.
Bobby

It may be claimed that you were a renter, and stayed in the home, then you are a non paying renter, and would have to be evicted.

If they can prove you moved back in, after your ex moved out, then you are tresspassing and could be arrested and belongings thrown out.

Most likely they would go with eviction since you have some ( which shady) rental claims.

A Squatter has no legal rights until you have been there for years, not months.


Next the young man was a property inspector, foreclosed homes have them come back about once a month, report if anyone is living in the home, take photos. And do a report on the house. This is a very popular contract job.


Yes you can easily be evicted without 30 day notice.

They merely do a pay or quit, ( if you are a renter) you owe all the rent since you moved in and they may sue you for it.

Or they arrest you and throw your property out as a tresspasser.


Sorry, you have no legal rights to the home.

But if someone is taking photos, then the bank has it, just because they did not pay the property tax does not mean they did not take it, In foreclosure taxes can go a year or two behind at times before they catch it up. They sometimes catch it up at the last moment.

Thanks for the input.
Was your information based on you knowledge of Florida law, or just general knowledge. I understand that in Florida, there are some different laws that apply.

One other question. Since I have been here 6 months already, and the property inspector comes once a month, why do you suppose I haven't heard anything yet?

Your name was on the original lease and the property has been just about continuously occupied by your family since the original lease was signed, is that correct? If so, then you are the tenant of record, not a squatter or trespasser.

The owner of the property can be determined by checking with the recorder of deeds for the county. You should have been paying rental to the same person you always paid until you received different instructions. If you haven't you can be evicted with a pay or quit notice. If you attempted to submit the rental and it was rejected, then you should put the rent payment into an escrow account until it is legally determined who is entitled to the rent. You can still do this.

Again, I believe you are subject to the terms of the last lease you signed. But if that lease has expired you are a month to month tenant and can be given a 14 day vacate notice even if the rent is up to date.

I think you have a better bargaining position then you think since your belongings were continuously in the property and you pretty much continuously occupied it.

But if the property changes ownership then you will have to move.

From reading other posts, I understand that the Florida sqatting law has be renamed as adverse possession. ...

Actually, it was always called that (not only Florida, but everywhere). But, as someone else has already told you, it doesn't apply here, so there is no reason to get into it.



...
One other question. Since I have been here 6 months already, and the property inspector comes once a month, why do you suppose I haven't heard anything yet?

The foreclosure process may take several years. In the mean time, since you are taking care of the place, my guess is that the bank finds your presence convenient. They will evict you when they are good and ready.

You might even consider making an offer on the property. If it is going to lost in bankruptcy or foreclosure, you might be able to just assume the mortgage by paying the arrears or purchase it for the balance of the mortgage.

Again, my read on this is that you were continually in possession of the house so your month to month tenancy remains in effect. But that also means you are required to pay rent. If you can't get clarification on who to pay the rent to, then you pay it into an escrow account (basically a separate savings account that you deposit the monthly rent to) to bolster your right to occupy the house.

Scott,

Thanks. Yes your answers are helping.

I have been told the same thing, that the bank might find my presence convienant. But I don't think the bank owns it yet. Plus, the rent was outragous - 1500 a month. Buying the house would probably be out of the question since I just got laid off and looking for work. I have only been back in the work force for a little over a year, I was formally a full time student. You can see why not paying rent is helpful at the moment.

I was thinking to "clear the air" I might just contact the CPA I was told had jurisdiction over the house and just be out front with him. He may say "get out", or he may say I can stay here until the forclsure is finalized. I have been thinking that no one knows that Im here, but I'm not convinced of that anymore (since the pictures were taken with my car in the driveway).

Honesty is the best policy, but I may "spill the beans" if for some reason, the CPA doesn't know I'm here. I feel like I have a monkey on my back, and need to just communicate with him.

What do you think?

... I might just contact the CPA I was told had jurisdiction over the house. ...

I'm curious how it is that a CPA has been apparently placed in a position of authority with respect to the house. I would expect such a person having "jurisdiction over the house" to be either an officer of the bank or the bankruptcy trustee.

What I think is that, occupying the property without making rental payment, is going to come back to haunt you. You owe someone for occupying the property. Someone eventually will sue you to recover the unpaid rent. So you need to be saving up to cover that.

I agree, if the bank has not foreclosed on it yet, you will owe the man who still owns it, and if he is that hard up for money to lose the house, he will be glad to sue you for a few months rent , get a judgement and even wait till you start work again to start collecting. If the bank owns it they will just do it, since it would be policy.

The issue is the lease, if it was in effect, Since it was in "your" name, and if still in effect, and your property still in the house, you may have started a large debt.

Either way, squatting laws do not apply here, and how it works can be argued in court when they figure out you are there.

The only reason I thought it was already owned by the bank, was that a person came back to inspect the property,