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FlaFluteLady · Jul 9, 2012, 01:00 PM

Squatters moved into my house. There is no lease, they've paid no rent or utilities. How do I get them out? Do they have any rights that would allow them to stay? This is happening in Florida.

AK lawyer · Jul 9, 2012, 01:12 PM

Did you invite them in, or did they simply move in while you were away?

If it's the former, there is a question as to whether you have to go to court to formally evict them

If it's the latter, have them arrested for trespassing.

ScottGem · Jul 9, 2012, 01:14 PM

How did they gain entry in the first place? Do you know how long they have been there? We need this info to advise what your next step should be.

FlaFluteLady · Jul 9, 2012, 02:49 PM

Let them in to clean the place. Then they moved their things in going in and out through an open window. Can't remember the exact date they were let in.
Are there different regulations for differing lengths of time they've been there? If so can you give me an idea how that works? Thanks so much for your help. I'm in Florida.

Fr_Chuck · Jul 9, 2012, 02:59 PM

A squatter, they would have broken in, perhaps a window or broke a door in, and just moved into a house that they did not have permission to live in.

In that case you call the police and notify them that someone has broken into your home and are living there illegally.

If on the other hand, someone gave them permission to move in, they are not squatters, so you will have to tell us what they are exactly

ScottGem · Jul 9, 2012, 03:08 PM

Did you sign a cleaning contract with them? Did you give them keys at any point? And yes, if they have been there a certain amount of time they may have established residency.

You can try calling the police and telling them that trespassers have invaded your property. But if they show the police ANY proof that they belong there, the police may do nothing. If that happens, then you will have to go to housing court to evict them. Serve them with a 15 day vacate notice and hope they don't trash the place before vacating.

FlaFluteLady · Jul 9, 2012, 03:17 PM

Originally Posted by ScottGem

Did you sign a cleaning contract with them? Did you give them keys at any point? And yes, if they have been there a certain amount of time they may have established residency.

You can try calling the police and telling them that trespassers have invaded your property. But if they show the police ANY proof that they belong there, the police may do nothing. If that happens, then you will have to go to housing court to evict them. Serve them with a 15 day vacate notice and hope they don't trash the place before vacating.

What is the amount of time they would have to stay there to establish residency?

Fr_Chuck · Jul 9, 2012, 03:27 PM

If they broke in, they can not establish residency. Assuming you called the police the minute you found them in there. If you let them stay after knowing they were there, then it complicates things.

Can you in a detail time line tell us what happened, when they got in, what you did, how long it has been, it sounds like you wanted us to tell you how long and you would say that was it ? You give us the details.

ScottGem · Jul 9, 2012, 06:44 PM

Anything over a month may be enough. Instead of asking questions that don't really matter how about answering our questions and tell us the truth.

What really happened here?

Alty · Jul 9, 2012, 10:14 PM

I don't think we'll be getting an answer on how long they've been there;

Can't remember the exact date they were let in.

ScottGem · Jul 10, 2012, 03:14 AM

Originally Posted by Alty

I don't think we'll be getting an answer on how long they've been there;

Can't remember the exact date they were let in.

We don't need an exact date. If, as reported they were let in for cleaning, there should be some record of payment to indicate approximately when.

I just have to believe we aren't being told the real story here. So how can we help if we don't have the true facts.

AK lawyer · Jul 10, 2012, 04:54 AM

Originally Posted by ScottGem

We don't need an exact date. If, as reported they were let in for cleaning, there should be some record of payment to indicate approximately when. ....

It doesn't matter. This "establishment of residency" thing is a myth anyway.

If they are not tenants, as defined by the landlord-tenant act in the jurisdiction involved, the owner of the property can get them out by a number of ways (short of using force):

ask them to leave,
get the police involved,
lock them out,
cut the utilities or
seek a court order.

And the only way they could have become tenants is by a real or imagined agreement to pay rent.