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View Full Version : Do squatters have rights ?


NeedHelpnDeland
May 19, 2011, 02:28 PM
My friend and I leased a property in Deland which is now in foreclosure. I moved most of my stuff out last week, but still had some large (expensive) pieces of furniture left in it. Now people who are not on the lease which is not set to expire until the end of the month have moved themselves in and have sold mine and my friend's things. Both my friend and I have leases whereas these squatters do not. I called the police to have them removed and arrested for stealing the a/c unit which went with thew house and for stealing and pawning 2 very expensive digital cameras as well as selling some of my furniture which I had permission to leave behind as long as all of mine and my friend's things were out by May 31st. The police stood by and gave my friend and I 20 minutes to remove as much as we could but told us there was nothing THEY could do to remove the squatters, keep them from selling or pawning our personal things or to make them leave. We were also told if WE, the people on the lease who are legally allowed to be on the property want to return to get whatever is left that these lying, stealing squatters haven't stolen, pawned or sold-WE have to call an officer ahead of time to get our stuff out of our property which we legally have a right to be in? How do I get back the items which were stolen from me and either sold or pawned or recoop my losses? How do we get these people out of the house before they strip it of everything like the hot water heater, fridges, stoves and plumbing?

joypulv
May 19, 2011, 02:42 PM
It boggles my mind that the police would act this way IF this is how the story really plays out.
One key phrase that has me wondering is 'selling some of my furniture which I had permission to leave behind.. ' yet your lease isn't over yet. Perhaps you ended the term early...
SO
- Why is anything 'left behind' and it isn't May 31 yet?
- How do you know these are squatters and not new owners or friends or family of the owners?
- Did you tell the owner you were leaving May 1 or so, even though your lease isn't up until May 31?
- Did you pay for May?
- Did you try to use a security deposit for May rent?

And finally, did you have permission in writing?

ScottGem
May 19, 2011, 03:03 PM
I have to agree with Joy. If you have proof that you are the legal residents of the property then I can't imagine the cops not arrested the occupants for theft and trespassing.

So there has to be something more to this.

AK lawyer
May 19, 2011, 03:08 PM
... How do I get back the items which were stolen from me and either sold or pawned or recoop my losses? How do we get these people out of the house before they strip it of everything like the hot water heater, fridges, stoves and plumbing?

I, like Joypulv and ScottGem, am dumfounded by what you tell us.

First thing I would do would be talk to the police officers' commanding officer. Perhaps the officer you talked to is a rookie who doesn't understand that his or her duty is to protect you from criminals such as this.

Did you insist that the police at least get identification from these perpetrators, so that when the police officers learn their jobs the bad guys can be apprehended?

JudyKayTee
May 19, 2011, 05:22 PM
I think this is another question where more information is missing than is posted.

NeedHelpnDeland
May 19, 2011, 05:29 PM
I have to agree with Joy. If you have proof that you are the legal residents of the property then I can't imagine the cops not arrested the occupants for theft and trespassing.

So there has to be something more to this.
It's funny you should mention this because the officer had also responded to a call from me in reference to my exboyfriend violating an injunction after same said ex assaulted me. Yet, the officer asked ME for MY license, even though he knew who I was and that I belonged there on the property. As far as I know, he did not ask for the other people's licenses or id's. If he had and had run them he probably would have found criminal backgrounds.

JudyKayTee
May 19, 2011, 05:31 PM
It's funny you should mention this because the officer had also responded to a call from me in reference to my exboyfriend violating an injunction after same said ex assaulted me. Yet, the officer asked ME for MY license, even though he knew who I was and that I belonged there on the property. As far as I know, he did not ask for the other people's licenses or id's. If he had and had run them he probably would have found criminal backgrounds.


The Police are responsible for obtaining ID every time they cross paths with a person. The fact that he "knew" you and "knew" you belonged on the property is meaningless.

Criminal backgrounds don't matter in this case.

You were asked other questions. Those answers are important.

NeedHelpnDeland
May 19, 2011, 05:33 PM
It boggles my mind that the police would act this way IF this is how the story really plays out.
One key phrase that has me wondering is 'selling some of my furniture which I had permission to leave behind..' yet your lease isn't over yet. Perhaps you ended the term early...
SO
- Why is anything 'left behind' and it isn't May 31 yet?
- How do you know these are squatters and not new owners or friends or family of the owners?
- Did you tell the owner you were leaving May 1 or so, even though your lease isn't up til May 31?
- Did you pay for May?
- Did you try to use a security deposit for May rent?

And finally, did you have permission in writing? My lease officially ends " May 31,2011 or upon sale of house, whichever is later. I know these people because they are acquaintances of acquaintances who knew the house would soon be empty. I have a written agreement with the homeowner that I pay reduced rent and upkeep/maintenance until the house is sold. The house has not even gone up for foreclosure sale as of yet.

ScottGem
May 19, 2011, 05:35 PM
Have you talked to this officer's supervisor? But I can't imagine an officer risking his job like that.

NeedHelpnDeland
May 19, 2011, 05:35 PM
I have to agree with Joy. If you have proof that you are the legal residents of the property then I can't imagine the cops not arrested the occupants for theft and trespassing.

So there has to be something more to this.
If there is something more, I do not know what it is. These people moved themselves in and we have been unable to get them to leave. Both my friend and I showed the officer our leases. As far as I know, he didn't ask for their id's leases or anything. He told us this was a civil matter that had to be addressed by our landlord.

NeedHelpnDeland
May 19, 2011, 05:38 PM
The Police are responsible for obtaining ID each and every time they cross paths with a person. The fact that he "knew" you and "knew" you belonged on the property is meaningless.

Criminal backgrounds don't matter in this case.

You were asked other questions. Those answers are important.the officer did not obtain their id's because he did not ask for them.

ScottGem
May 19, 2011, 05:55 PM
You are not answering the pertinent questions. Four people have told you they do not find your story credible. You are trying to get us to believe that a police officer did nothing about a breaking and entering crime. Because that's what you are saying. You are telling us that you are the legal occupant of the property, yet the police did nothing about illegal occupants and a claim they were looting the property.

So there has to be something we are not being told. Something, that I suspect, justified these people occupancy of the property.

JudyKayTee
May 19, 2011, 05:58 PM
the officer did not obtain their id's because he did not ask for them.


That has nothing to do with what you asked.

NeedHelpnDeland
May 19, 2011, 06:11 PM
You are not answering the pertinent questions. Four people have told you they do not find your story credible. You are trying to get us to believe that a police officer did nothing about a breaking and entering crime. Because that's what you are saying. You are telling us that you are the legal occupant of the property, yet the police did nothing about illegal occupants and a claim they were looting the property.

So there has to be something we are not being told. Something, that I suspect, justified these people occupancy of the property.These people were visiting, only for 1 night and they were told by both me and the other tenant to leave. The property manager even told them to leave and they did. Then they came back while I was out of town and let themselves in through a broken window. When I got back home, there they were. They had changed the dead bolt lock and refused to leave. We called the officer's back then and they were made to leave, but they came back at night and snuck in to the main part of the house which was vacant except for my things and the other girl's things. We have not been able to contact our landlord (home-owner) past 2 weeks so the officers could not verify that the people had no right to be there even though in the past he had told the officers that these people are not on the lease and have no business being there.

ScottGem
May 19, 2011, 06:58 PM
Visiting who and why? If they were made to leave once by the police there should be a report about it. You should be telling the police to arrest them.

joypulv
May 20, 2011, 03:22 AM
After all this, we find out that these squatters are actually people you not only know, they are people you originally invited in to stay (even for a night)? You have to see how this important bit of information being omitted makes for lack of credibility, and only adds to the belief that you are not telling the whole story. There's a sense of casual encounters and irresponsible behavior, such as inviting total strangers over to stay a night or two. The ex who you call the cops on.

Of course it's possible that the cop who remembered you has an attitude about you, over something as simple as lack of deference or making loud demands. We weren't there. If the 'guests' who came back and broke in and changed the locks and calmly pretended they lived there also acted polite while you ranted, then the cop was remiss for not handling the situation properly. Or perhaps key information was missing those times too, and it became obvious. I'm not saying that you acted that way at all, just that there's something about the way you withhold information that doesn't add up.

JudyKayTee
May 20, 2011, 07:34 AM
This story is coming out in bits and pieces, some conflicting.

There is no way to answer half truths. If OP is posting just so someone will agree with her and that's why she's leaving out the details she should post on a chat site.

There are no answers because there are no true questions.

With respect - time to close?

NeedHelpnDeland
May 21, 2011, 09:26 AM
After all this, we find out that these squatters are actually people you not only know, they are people you originally invited in to stay (even for a night)? You have to see how this important bit of information being omitted makes for lack of credibility, and only adds to the belief that you are not telling the whole story. There's a sense of casual encounters and irresponsible behavior, such as inviting total strangers over to stay a night or two. The ex who you call the cops on.

Of course it's possible that the cop who remembered you has an attitude about you, over something as simple as lack of deference or making loud demands. We weren't there. If the 'guests' who came back and broke in and changed the locks and calmly pretended they lived there also acted polite while you ranted, then the cop was remiss for not handling the situation properly. Or perhaps key information was missing those times too, and it became obvious. I'm not saying that you acted that way at all, just that there's something about the way you withhold information that doesn't add up.

I did NOT invite them to stay. A friend of mine brought them over and dropped them off at my house because he was supposedly worried about my ex getting out of jail that day and violating the injunction I had against him. The person that "invited them to stay" was not me nor is he on the lease. I also did not call the cops on same said ex, the other tenant did as I was passed out on the floor where he was choking me to death. The were asked to leave by the landlord/homeowner because I suspected they were using narcotics and I do not associate myself with such people nor do I allow such people around me or my daughter which was why my ex was an ex. I do not nor did I invite total strangers to stay with me. When I got home from dropping my daughter off at school, they were there. The person who had so (stupidly) dropped them off had gone out of town and would not be back in town until the next day and they had no where else to go. I told them they needed to find somewhere else to go. The reason all these small details were not included is because I did not realize I needed to write a book to get an answer.

NeedHelpnDeland
May 21, 2011, 09:29 AM
Have you talked to this officer's supervisor? But I can't imagine an officer risking his job like that.

I was told that because they cannot at this time contact the landlord/homeowner it is my word against their word until the homeowner tells them who is telling the truth.

ScottGem
May 21, 2011, 10:09 AM
Normally you don't have to "write a book". But when you tell us a story that is hardly credible, we need details to back them up. And I have to say you still are stretching the bounds of credibility.

You say the police won't act because they can't contact the homeowner. But you have a property manager that should state you are the leaseholder, you should have a lease that expires at the end of the month. The lienholder can be contacted as well. What about neighbors? What about this so-called friend? What are these people claiming? What proof are they providing that trumps the fact that you have ID showing you live there? The first thing a police officer asks is for ID. You would seem you can produce ample evidence that you are the leaseholder, yet you expect us to believe the police are ignoring this and letting these people steal from you, the homeowner and the lienholder.

So what is the status now? If you are telling us the truth then I would hire an attorney and threaten to sue the police department for your losses. Because if what you say is true, then the police did not follow proper procedure and are responsible.

But frankly, I don't believe you have told us the whole story. A "friend" doesn't drop strangers and leave them alone in someone's house. And what's this about being choked? Are you saying your ex got out of jail and immediately came over to attack you? What does your ex getting out of jail have to do with these visitors? What does the "friend" have to say

NeedHelpnDeland
May 21, 2011, 02:21 PM
The officer did not question the other people. My friend thought he was doing me a favor by dropping the people off because my ex had already tried to contact me against the no contact and injunction.He was under the incorrect assumption that the people were no longer using and dealing drugs. He told the police that the people did not live there. The officer did not ask our neighbors who would have told them the people did not live there. IF the officer had asked the people for id's he would have found out they had none.I showed the police my lease as did the other girl. That is when he asked for the landlord's phone number and tried to call him but the number had been disconnected so he couldn't verify anything.It was at that point the officer told us he was only staying for 20 minutes and for us to get what we could have our's and be ready to leave when he did. The lien holder is a bank who I have contacted to inform them of the situation and gave them the people's names.

NeedHelpnDeland
May 21, 2011, 02:23 PM
As for hiring an attorney, I am a single self-employed mother. I will look into it, but I doubt I could afford to pay for representation. Thank you for the information.

ScottGem
May 21, 2011, 02:42 PM
I asked you if you have spoken to this officer's supervisor. You replied stating that they couldn't contact the homeowner. But you didn't make it clear whether this was what the officer said or his supervisor. If you have not contacted his supervisor, then you need to and if his supervisor doesn't help, then go up the line.

You have to understand here that, if you are telling the whole story, then the officer was out of line if not incompetent. And that means you may have a case against the police dept and the city. Threaten to go to the press with this story of incompetence if you don't get satisfaction from the police, but don't be bluffing. If you don't get satisfaction then do go to the press.

As to an attorney, most attorneys will give you a free consult. If your case is as solid as you claim it to be, you may find an attorney to take it on a contingency.

I must admit, I'm starting to believe you, but its hard to imagine such gross incompetence on the part of that officer. So good luck and keep us posted.