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    shad0w123's Avatar
    shad0w123 Posts: 1, Reputation: 1
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    #1

    Apr 26, 2009, 12:10 PM
    Squatters rights in Florida
    I'm presently living w/ a friend of mine parents.. I have been here for about 8 continuous months. At the present time, the homeowner is threating eviction.. The homeowner does not request any rent of any kind, and I am here w/ her permission. If she attempts to forcefully evict me, can I envoke squatters rights? I need this question answered ASAP.

    Thank you
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Apr 26, 2009, 12:19 PM

    Shadow, it's not a good idea to include your email address, I've asked the mods to remove it.

    Any answers to you question can be viewed here. Sometimes it takes a while for the experts to see your question so check back often for a response.

    Good luck.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Apr 26, 2009, 12:34 PM
    There is no such thing as squatter's rights anymore. It has been replaced by the law of adverse possession. That law allows someone to gain ownership of property if they fulfill certain conditions. You don't fulfill any of those conditions.

    For purposes of the law you will most likely be considered a month-to-month tenant. (I know you don't pay rent but you don't qualify as a guest since 8 months is long enough to establish residency.) If the homeowner wants you to leave they will have to treat you like a tenant and give you at least 15 days written notice that your tenancy is terminated. If you don't leave by the end of the notice period then they can file a lawsuit to evict you.

    I suggest that you start looking for a new place to live asap.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Apr 26, 2009, 12:45 PM
    Quote Originally Posted by shad0w123 View Post
    If she attempts to forcefully evict me, can I envoke squatters rights?
    Just wanted to comment on this point. She cannot "forcefully evict" you. If she puts your belongings out of the house, changes the locks or otherwise tries to put you out, you can sue her for illegal eviction. However, if she gives you a 15 day notice to vacate, and you don't loeave, her next step is filing for an eviction order in the local court. This will be granted and if you still refuse to leave, she can hire a sheriff to remove you.

    But if you let it get so far as she has to evict you, this will go on your record and affect your ability to get other housing.

    If she is asking you to leave, tell her you will leave but you need some time to find a new place to live and ask for a month or so. But you need to show you are actively looking.

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