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    Nina53721's Avatar
    Nina53721 Posts: 1, Reputation: 1
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    #1

    Oct 15, 2009, 02:40 PM
    Florida : Adverse Possession/Squatters or Trespassing
    Hello.. Need some help regarding my home.

    I am the owner of a home which is currently being foreclosed on. I had tenants living in the home, as per a lease agreement until December 2008. (December 2008 is when the lease expired.) During the lease term, I began receiving letters from the bank advising that if I could not catch up on the mortgage, they were going to foreclose on the property. The tenants were also provided with the same documentation that I was via a process server. Once the tenants received the documentation advising of the possible foreclosure - they stopped paying rent. As stated above, the lease was up in December. They however remained on the property for an additional 3 months. I made several attempts to contact them, even drove by the home, left letters, and received no response. I then sent them notice that they had 10 days to pay all past due rent and vacate the premises or I would proceed with legal action. As a result of the letter, the tenants moved out. I have received notice however from the neighbors that they have moved back into the property. I don't know if they have the law on their side (squatters rights) or if they are just blatantly trespassing. Any information and or advice regarding this matter will be most appreciated.

    Thank you!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 15, 2009, 03:33 PM

    Hello N:

    Before they moved they were tenants. If they moved back in, they're trespassers. If you can PROVE what you said, the cops will put them out. If they can PROVE to the cops that they've been there all along, the cops won't put them out.

    If that happens, evict them, and don't stop until you get a court order.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 15, 2009, 06:01 PM

    Agreed, before they moved out, there were renters with rent owed, Now they are tresspasses, ** did you not change the locks ?**

    But you call the police and tell them that people have moved into your rental house without any permission.

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