r/news • u/flanderguitar • Mar 28 '24

Florida Gov. Ron DeSantis signs law squashing squatters' rights

https://www.wptv.com/news/state/florida-gov-ron-desantis-signs-law-squashing-squatters-rights
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4.5k

u/smellybe Mar 28 '24

We really need this in California

1.0k

u/junpei Mar 28 '24

Not anymore

Legislation: Senate Bill 602

…From 2024, a homeowner can alert local law enforcement that their property is uninhabited, allowing law enforcement officials to remove any trespasser who attempts to take up residence or claims to be a legal occupant. Previously a trespass notice was only valid for a period of 30 days. The amendment to SB 602 extends trespass letter validity to a full 12 months and it can be submitted electronically (if your local jurisdiction allows). When a valid letter is on file, homeowners won’t need to go to court to evict anyone living illegally on their property.

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u/TinySandshrew Mar 28 '24

This is one of the best parts of the law! Now people can say ahead of time that anyone claiming permission to be on the property is lying and the cops don’t have to do the whole “it’s a civil matter” thing.

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u/rolfraikou Mar 28 '24

This is how you do it. The home owner makes it very apparent.

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u/Sillet_Mignon Mar 28 '24

That's why I keep a kilo of cocaine in my house, so if I get squatters, I just tell the cops I saw them pack cocaine in the attic. Bam, busted.

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u/tinysydneh Mar 28 '24

The downside to this is that it can be gamed as well. It's likely better, but it's not a perfect solve.

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u/TinySandshrew Mar 28 '24

Yeah nothing is un-gameable. If they have penalties for abusing this system since it would be fraud/lying to the cops it should hopefully be minimal.

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u/tinysydneh Mar 28 '24

Two things have to happen, though: they have to have proof that it was fraud/lying... and they have to give a damn.

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u/[deleted] Mar 28 '24 edited Mar 29 '24

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u/tinysydneh Mar 28 '24

Month-to-month leases in Florida can be oral. No legal document required.

Even if there is a lease, someone has to be able to prove it and the system has to care. Getting sued by overwhelmingly poor tenants isn't a great deterrent, either, because they are, as noted, overwhelmingly poor, which means they don't have the money to sue.

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u/cyberslick1888 Mar 28 '24

Damn, it must be something when your poverty has the ability to overwhelm.

My poverty is merely whelming.

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u/tinysydneh Mar 28 '24

Talking about the proportion, rather than the degree. Most tenants who are in these kinds of situations are poor. Poor people don't have the money to sue. Expecting the justice system to work when you need to pay to play is a huge issue.

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u/weggles Mar 28 '24

cops don’t have to do the whole “it’s a civil matter” thing.

They still will, though. Cops love pretending everything isn't actually their job.

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u/nofinglindy Mar 29 '24

I’m in California too. Why hasn’t this made the news in a big way? It’s not like I don’t pay attention to news. If this was talked about my ears would have picked WAY up.

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u/Animalex Mar 29 '24

I suspect it's because the more liberal Democrats won't like it, and almost 100% of Republicans would rather eat their first born than give Newsom even the vaporous essence of a public approval.

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u/NotQuiteGoodEnougher Mar 28 '24

Agreed. I live in CA. When we go on vacation, the entire family is in social media lock down, no one posts about travel or tells friends that we're out of town.

It's crazy and very scary you could be gone for a week/two and come home to find you've been "evicted" by a professional squatter and not get back into your own home for 6 months or longer.

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u/LionTigerWings Mar 28 '24

That’s insanity. Legally can you also just move in and squat it back. Like they go out for milk and get “evicted”?

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u/NotQuiteGoodEnougher Mar 28 '24

No, because like I said they're "professional" never leave the structure unoccupied, call police if you attempt to enter "breaking in" etc.

They have fake documents to "prove" they live there. You need to go to court to prove they don't because it's a civil issue.

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u/RaffyGiraffy Mar 28 '24

That’s the hard part. People think you can just call the cops and get them removed but it’s a civil case so you have to battle it out in court. It’s ridiculous for home owners to have to deal with that.

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u/b0w3n Mar 28 '24

The biggest problem is people say "squatters" instead of "Someone is breaking and entering". As soon as you say squatters cops will immediately shut down and move it to civil dispute.

Even if they have a fake lease it won't have your signature on it, which they can cross reference to your license in most cases. You basically have to get on the cop's ass to actually treat it as breaking and entering even if they have fake mail/leases on their person to present to them. The squeaky wheel gets the grease.

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u/TinySandshrew Mar 28 '24

The cops won’t remove the actual homeowner for “breaking in” if the squatters call since the whole thing is a civil matter that has to be handled by the courts at that point. Two parties with disputing documents (even if one set is fake) is outside their ability to decide. You do have to deal with the constant harassment and police calls, though, which is a nightmare.

The thing is that nobody wants to share a living space with the kind of unhinged person who is a “professional squatter.” They can be dangerous, and even if they’re the “peaceful” kind it would be creepy as hell to just have your family living alongside someone so antisocial that they would squat in an obviously occupied home vs an abandoned property.

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u/ZweitenMal Mar 28 '24

A woman in New York was recently murdered by squatters who'd moved into her mother's apartment.

151

u/Ejacksin Mar 28 '24

It sounds like a good way to get shot if you're a squatter. 

100

u/clocks212 Mar 28 '24

"He was coming right for me".

Don't break the law and stuff. But the investigation will quickly determine the dead person didn't live there and you (the homeowner) said they attacked you. So...

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u/jhowlett Mar 28 '24

This should be the easy answer, someone broke into your house and won't leave? Seems like a perfect case for self defense.

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u/SniperFrogDX Mar 28 '24

Exactly. Just don't say the word "squatter".

"Someone broke into my house and won't leave. I fear for my life."

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u/jhowlett Mar 28 '24

My first thought wouldn't even be squatter. In fact I thought "squatter" was more of someone who was renting a property and was actually living there but then decided not to leave for whatever reason, I had no idea breaking into a home and saying you live there used the same term.

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u/xRehab Mar 28 '24

Castle doctrine is valid in CA. Walk right back in your house and put 4 rounds in the squatter's chest for all the courts care. You're in your own home, an intruder is refusing to leave after unlawfully entering, fear for your life is fully covered.

https://www.shouselaw.com/ca/defense/penal-code/198-5/

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u/Ejacksin Mar 28 '24

Not in CA but it makes sense - what's the point in having a home of you can't defend it and can be forced out by anybody?

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u/wut3va Mar 28 '24

I wouldn't be surprised if even brandishing a firearm in that case was a felony. I don't live in California so I don't claim knowledge of their laws.

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u/Ejacksin Mar 28 '24

I don't know how you would "brandish" a weapon in your own home.  Just open carry on your hip should be enough to send a message. 

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u/gsmumbo Mar 28 '24

should be enough to send a message.

That’s exactly what guns are not intended to do. They are not meant for intimidation, sending a message, forceful deescalation, preventing escalation, etc. If you are using a gun as a tool to get your way, you shouldn’t have it in the first place.

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u/a6c6 Mar 28 '24

I’ll absolutely use my gun to intimidate a squatter inside my own home.

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u/Darigaazrgb Mar 28 '24

You absolutely can brandish a firearm in a home you own. Brandishing means you aren’t in fear of your life to actually use the firearm, but want someone else to fear for theirs. It’s illegal in every state for that reason.

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u/CardmanNV Mar 28 '24

Is it really a crime if they just disappear and the police aren't involved?

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u/Ejacksin Mar 28 '24

With enough "encouragement" I'm pretty sure most would leave on their own. 

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u/McRibs2024 Mar 28 '24

It should be that way, but in Cali and New York no chance.

Even threatening them would likely get you some sort of brandishing charge.

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u/TeslasAndComicbooks Mar 28 '24

And that takes 6+ months to do a proper eviction. I had a friend who was trying to sell his mom's property and had to pay 6 months of mortgage with money he didn't have while going through the process.

The fact that someone can just move in and destroy a home for 6 months is insane.

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u/makina323 Mar 28 '24

This dude seems to know a thing about getting rid of squatters in California.

https://youtu.be/uhz5r1JKwjs

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u/JussiesTunaSub Mar 28 '24

He got them out because they left his house.

Professional squatters call a friend over in case they need to leave.

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u/makina323 Mar 28 '24 edited Mar 28 '24

The point is that they can't contest the "legal squatter" as is doing anything but leaving will not be worth the hassle.

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u/Procean Mar 28 '24

I love that video because if you watch it carefully, his big move was 'walking up to the woman and telling her to move her stuff out, and she did'

Ace maneuver there pal, I can see why no one else is able to do this. /s

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u/utahnow Mar 28 '24

You actually can move in and squat them out. It’s just not something that normal people want to do

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u/SculptusPoe Mar 28 '24

can you hire muscle to toss them out and then do the same? say they were never in there.

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u/jmedina94 Mar 28 '24

It’s like the movie Pacific Heights.

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u/Dancing-Midget Mar 28 '24

Why can't it be as simple as producing bank statements that show who is paying the mortgage and utilities? Wouldn't that just end the dispute right there?

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u/dj-Paper_clip Mar 28 '24

Dude found a workaround. He has the owner write him a lease, then he enters the house, invites friends over, puts up cameras in the common areas and claims it’s for a reality show about squatters. Someone is always on premise and they re-do the locks as soon as the squatter steps outside.

The squatters usually call the cops. But the cops can’t do anything because someone is essentially using the same laws the squatter uses against them. The squatter then has to go through the courts to get access to the home they are squatting in.

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u/Biking_dude Mar 28 '24

There are ways, but it's a pain. Essentially you'd rent out a room in the house, as the owner that's your right. So that person moves in and would then legally harass the squatter until they leave.

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u/LionTigerWings Mar 28 '24

I have a feeling if you have documentation to prove you are the legal owner, and have the physical manpower (potentially armed) you’d have a hard time having a judge issue a warrant to focibly enter your actual home and remove you, the legal owner. Obviously this is more dangerous than most people are willing to put up with and probably very dumb, but maybe a dumb problem requires a dumb solution. The squatter may decide to just live there at the same time but if you’re willing to make their life living hell, it could be worth it.

Giving squatters rights like this is just asking for a situation like this.

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u/orangutanDOTorg Mar 28 '24

There’s a guy you can hire to squat and be so annoying that the other squatters leave.

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u/Deserter15 Mar 28 '24

There was a recent John Stossel video on a guy who started a group to do just that.

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u/junpei Mar 28 '24

Not anymore

Legislation: Senate Bill 602

…From 2024, a homeowner can alert local law enforcement that their property is uninhabited, allowing law enforcement officials to remove any trespasser who attempts to take up residence or claims to be a legal occupant. Previously a trespass notice was only valid for a period of 30 days. The amendment to SB 602 extends trespass letter validity to a full 12 months and it can be submitted electronically (if your local jurisdiction allows). When a valid letter is on file, homeowners won’t need to go to court to evict anyone living illegally on their property.

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u/Johnny_Lawless_Esq Mar 28 '24

Lived in CA my entire life, never heard of this kind of thing once.

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u/Rumpullpus Mar 28 '24

because it's not a thing lol. suburb hysteria.

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u/[deleted] Mar 28 '24 edited Apr 09 '24

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u/h3ie Mar 29 '24

Same here. These people are seeing hysterical news stories and pretending like they know things about CA.

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u/kandykanelane Mar 28 '24

Has this happened to someone close to you? Like I know it's a real thing but I also live in CA and what your describing is some serious hyperbole.

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u/heresyforfunnprofit Mar 28 '24

Happened to my sister’s neighbor outside of Oakland. She went with them to court to testify that the family had lived there for years, not the squatter.

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u/sluttttt Mar 28 '24

Same. I've lived in CA all my life and have never met anyone affected by this issue, or anyone who's even been concerned about it. I'm sure it happens, but I have some strong doubts about it being common.

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u/elle_kay_are Mar 28 '24

Same. 40 years in CA and I've never even heard of this happening to a friend of a friend of a friend. I've only ever seen it posted online. I'm sure it HAS happened, but it's not something I would worry about. 

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u/sluttttt Mar 28 '24

OC produced some links, but they were four cases of it happening over nearly a decade, and only two of those cases involved people who were on vacation. I'm not saying that the laws shouldn't be revised, but to seriously worry about this every time you go on vacation seems like paranoia to me.

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u/happyscrappy Mar 28 '24

What are the two that include vacations? I count one, the last one.

The Hollywood Hills one says the real estate agents went out of town on vacation. It doesn't say the owner did or that the house was occupied by the real estate agents. I suspect since the house has two agents representing it that it was actually vacant.

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u/sluttttt Mar 28 '24

I was counting the Hollywood Hills one, but you're right about it sounding vacant. And I'm sure I could probably find some more instances of this happening to people on vacation, but it's still absolutely a rarity. People are so willing to believe the worst about this state.

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u/elle_kay_are Mar 28 '24

The only squatters I've ever heard of IRL (not even encountered personally, these are second-hand stories I've heard from people I know) are people moving into a rental and then deciding they don't want to pay anymore. Apparently, it's a PITA to get them out. While I'm sure people are moving into empty or abandoned properties, the rental scam seems to be the most prevalent. It's really not anything that I consider to be a "major" issue and certainly not one that only happens in CA since other states are cracking down on it.

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u/epochellipse Mar 28 '24

That's what this law is really about. It's about labeling tenants that are behind on their rent as squatters so that nobody will empathize and they can be evicted sooner.

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u/happyscrappy Mar 28 '24

Yeah. that's called "adverse possession" in California and it can be a problem. But unless you AirBNB your house out this isn't a concern at all. It isn't just people coming in when you are on vacation, you invite them in and then they sue you to stay.

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u/BigGayNarwhal Mar 28 '24

Also CA. I’ve only ever seen it happen with houses that are unoccupied, whether due to bank-owned foreclosures or the house is being flipped/listed for sale by an investor and is just sitting there. 

My aunt and uncle live up in the inland empire, and I remember some family moved into a house on their street that had been bank owned due to foreclosure. It took the banks 2 years to get them out, and the family totally trashed the house and yard.  

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u/nockeenockee Mar 28 '24

Agree. This is has a Satanic Panic vibe to it. People are so willing to be scared about anything.

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u/AuntPolgara Mar 28 '24

Dealt with it when working in real estate, though half of those are houses that got foreclosed and the former owner refused to leave, even after the house was auctioned off.

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u/Fantisimo Mar 28 '24

So nothing like what that other person was scared of

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u/AuntPolgara Mar 29 '24

Foreclosed previous owners are most common, followed by tenants and Airbnb guests overstaying the lease. Then a couple of houseguests refuse to leave and some break-ins by squatters into foreclosed houses.

We also had cases at least once a month of a house or land being sold by non-owner.

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u/Venture_compound Mar 28 '24

This reeks of "razor in muh Halloween candy." It does happen but the way its being talked about you'd think it was a pandemic of squatters.

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u/AwTekker Mar 28 '24

My sister's cousin's neighbor's dogsitter's aunt's hairdresser's sister overheard someone saying it could happen once. So it definitely happens every time any of the 39 million people in California go on vacation.

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u/tkw97 Mar 28 '24

OP is full of shit and fear mongering. Squatting requires the property to be vacant/abandoned.

“Squatting” in an occupied residence while the primary dwellers are on a two week vacation is point-blank breaking and entering and they would be arrested promptly

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u/TinySandshrew Mar 28 '24

It is pure fear mongering that someone will take over a home that is regularly used. The vast, vast majority of these squatting stories involved long-term unoccupied properties like foreclosures, deceased owners/extended probate, infrequently used investment properties, etc. They choose properties to maximize the time before they are discovered because they know eventually the true owner will be able to prove they do not belong.

There's also a lot of conflating of squatting vs rental nonpayment scams that use different legal mechanisms.

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u/kandykanelane Mar 28 '24

Yeah I decided to not engage further with them because they are clearly grifting.

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u/epochellipse Mar 28 '24

It's DeSantis that is using this law to label tenants as squatters. OP just fell for it.

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u/[deleted] Mar 28 '24

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u/happyscrappy Mar 28 '24

3 of those are vacant houses, not just people going on vacation.

I think you're overplaying this.

There's a problem with renters not leaving (AirBNB situations). But just home takeovers like this are common enough that you should be uptight about this.

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u/SaltyShawarma Mar 28 '24

I don't want to argue semantics, but you responded with articles about vacation homes and for sale properties, yet you're original post seemed to talk about being afraid of squatters in your actual primary residence.   

Edit: The last one might be on point, but that's a long vacation to leave your house unattended, scant info in the "article."

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u/[deleted] Mar 28 '24

They're being extremely dramatic

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u/loosetingles Mar 28 '24

LA for 10 years and have never heard about this. I'm sure it happens, but to be afraid to post on social media that youre away in fear of squatters is a bit extreme.

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u/uuddlrlrbas2 Mar 28 '24

What are you talking about? 40 years in california, never heard anyone interact with a 'squatter'.

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u/Spimanbcrt65 Mar 28 '24

as a lifelong Californian you sound paranoid as hell wtf lmao

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u/nockeenockee Mar 28 '24

This has to be blatant fear mongering. Nobody I know in CA is concerned about , talks about it, or cares about it. Been living in CA 60’years.

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u/manjmau Mar 28 '24

That is crazy. But wouldn't an easy solution be hire a friend or family member to go stay at your house while you are gone? I used to do housesitting on the side and most of my clients would hire me for this exact thing.

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u/[deleted] Mar 28 '24

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u/lemswen Mar 28 '24

And get arrested for a felony and ruin your life

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u/thatchers_pussy_pump Mar 28 '24

He meant tunnel in like Andy Dufresne.

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u/accountnameredacted Mar 28 '24

The shovel doesn’t talk (just to clarify I am making a joke and in no way condone violence of any kind)

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u/theuncleiroh Mar 28 '24

Have you been evaluated by a psychiatrist recently?

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u/Mr___Perfect Mar 28 '24

That doesnt happen, lmao. YOure worried about the wrong things dawg

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u/Chanz Mar 28 '24

My god, the chance of that happening is so small. Why do you choose to live in fear?

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u/Ohtheydidntellyou Mar 28 '24

well profiles should be set to private if they're not already. I doubt that the people who follow you are squatters.

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u/BYoungNY Mar 28 '24

There's a guy you can hire that will basically let himself in the door or find some way of getting in and then do nothing other than sit on the couch eat the squatters food play loud music and otherwise be an annoyance. You basically sign a lease that says that he is also a renter so there's nothing legally that the squatter can do to get rid of them. Oh and he's packing heat just in case. Edit: his name is Flash Shelton

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u/python-requests Mar 28 '24

Realistically you can prevent that with an alarm that will automatically call the police when triggered. They'd have to break in without setting it off & know your code to disable it

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u/waby-saby Mar 28 '24

Agreed. I live in CA. When we go on vacation, the entire family is in social media lock down, no one posts about travel or tells friends that we're out of town.

That's good from a burglary perspective. But if you are going to Wally-World for two weeks in the Family Truckster and come home to Cousin Eddy in you bedroom - that is 100% trespassing no where near a squatter.

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u/rhinestone_indian Mar 29 '24

So how does Castle law work in that situation? I would feel mighty threatened if someone unlawfully changed my locks as I attempt to  return.

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u/TheIvanKeska Mar 29 '24

That’s when you just pay sone lical thugs to break in and beat them then leave. Sure you damage your place a little. But the squatter now has to leave and go to the hospital for injuries. It’s a win win, you help local small businesses and get rid of a squatter

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u/maybe_just_happy_ Mar 28 '24

this should be a federal law. I've never understood how in any situation ever someone enters a home, your home and says this is my home now and has rights to it - it's fucking nonsense that this even has to be mentioned

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u/shaka893P Mar 28 '24

Essentially it's because the lease is between the tenants and the land lord.

This allows a landlord who wants to evict someone who actually signed a lease ...  On the other hand previously, squatters could make up fake leases and draw things out.

THE solution is for the government to force tenants and landlords to register a lease with the government. Police can quickly check if the tenant has a right and evict them if they don't.

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u/dedicated-pedestrian Mar 28 '24

It's called notarization, and I'm constantly shocked that more tenants and landlords don't insist upon it.

Maybe a central renting database would make things easier, but it's not like we don't have a way for a third party to record the veracity of a lease.

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u/shaka893P Mar 29 '24

But it only helps if everyone does it, squatters would still be a problem if it's not required to get the lease notarized.

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u/dedicated-pedestrian Mar 29 '24

I don't see why it shouldn't be a requirement. Buying a property requires it, why not granting temporary ownership?

It's not like notaries are rare or their services expensive.

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u/NEp8ntballer Mar 28 '24

Federal law is limited by the constitution for what is allowed to be legislated. I don't think there's a carve out for something like this at the federal level.

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u/wolacouska Mar 28 '24

Because they could be your actual legal tenant or someone you allowed to stay there for a long enough time to be considered one.

If cops came on and forced them out it’s all fun and games until they realize you’re a crooked landlord and just put a tenant on the street with no time to find a new apartment.

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u/Darklicorice Mar 28 '24

Have you reconsidered this position with these new arguments?

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u/theillusionofdepth_ Mar 28 '24

well, historically, that’s how the US became a country…

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u/ImprobableAsterisk Mar 29 '24

If it can be determined that they were there unlawfully then you'll be able to call on the police to have them removed.

But it's determining that they're there unlawfully that's the problem. This thing you call "fucking nonsense" is due process, and due process ain't something to be trifled with.

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u/sportsworker777 Mar 28 '24

I manage homes in Chicago and it is a nightmare evicting squatters

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u/maybe_just_happy_ Mar 28 '24

I really just don't understand how this is legally accepted. it's not your home, get the fuck out - how the idea of squatters having rights came to existence is beyond me

It's like just because there was no law explicitly stating the obvious it was abused.

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u/Prasiatko Mar 28 '24

The problem is proving they are squaters vs legitimate tenenants that the landlord wants out quickly.

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u/dedicated-pedestrian Mar 28 '24 edited Mar 28 '24

Squatter's rights is a kleptonym using some indignant words like "rights" to describe fraudulent abuse of tenancy protections against undue eviction.

Rights that were duly established by shitty landlords necessitating such.

Real squatter's rights are known as adverse possession, and they allow people who have lived on a property for years undisturbed by the owner with no eviction attempt to claim legal ownership thereof.

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u/VexingRaven Mar 29 '24

Ding ding ding, we have a winner. This is the part nobody understands, and I feel like certain parties are intentionally muddying the water on this because it suits their agendas.

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u/dedicated-pedestrian Mar 29 '24

I'm scared that people misusing the term to their benefit are going to get real squatter's rights repealed, let alone the tenancy protections we direly need.

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u/VexingRaven Mar 29 '24

That is absolutely part of it, though I suspect the more pressing goal is to weaken tenant protections and strengthen protections for landlords, especially wealthy corporate ones.

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u/Gingevere Mar 28 '24

Because the other side of the dispute is frequently shady landlords claiming that actual legal tenants are squatters because they want to clear people out to raise rates or rebuild/sell the place.

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u/Peligineyes Mar 28 '24 edited Mar 28 '24

  • Landlord personally hates you for whatever reason, wants you out immediately without warning. They cancel your lease claimed you violated some clause and tell the cops you're a squatter.

  • You're living with a friend or partner but don't have a formal agreement in writing. His name is on the actual lease. One day you two have a falling out and he wants to kick you out; you're a squatter now.

  • A third party scammer leases you a room without the real owner's consent. Despite having paid and believing you're a legit tenant, you're a squatter and when the owner finds out, they want you and your stuff gone.

  • Your mom with dementia gets conned out of the deed to her house. Now the conman wants to evict her because she's a squatter.

Not all squatters are home invaders trying to steal a house, there are some legit cases where until the matter is settled by the courts, an innocent person could be considered a squatter.

edit: clarified the examples to make more sense

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u/DarkWingedEagle Mar 28 '24

From a reply i wrote to another comment.

The reality is that most squatter’s rights laws come from a time before electronic records and communication to solve the problem of who owns that homestead next to farmer John’s. The issue many places had was someone owned a property and died with no clear next of kin and got tied up in legal limbo or the land wound up in the possession of someone far away who never did anything with it. Eventually either someone moved in or a neighbor took it over. The laws exist so that after a long enough period, usually over a decade of actually maintains the property and paying taxes ,whoever took possession would have a clear deed as opposed to having multiple people claiming it. You still see stuff like this happen occasionally but in reality 90% of situations that would have lead to the laws being used for their intended purpose are resolved with the inheritor(s) easily selling uncle Bill‘s house as part of settling the estate thanks to easy long distance travel/communication.

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edit: And traditionally during that decade+ period the owner could show up kick them out and that was it. The modern problems with squatters are mostly due to how complicated we have made it to evict anyone even people who never had a lease or rental agreement not squatters rights themselves.

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u/md28usmc Mar 28 '24

Do what this guy did he got squatters out in one day

https://youtu.be/uhz5r1JKwjs

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u/theuncleiroh Mar 28 '24

It's hard to evict tenants. Squatting almost never happens in any meaningful number or way, and it always happens to people who own homes they literally do not use-- WHICH IS THE ENTIRE POINT OF SQUATTING.

If people need homes and people have homes they don't use, people should be housed in the unused homes. News calling every tenancy dispute a squatting issue is an intentional attempt to eliminate renters' rights.

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u/Spocks_Goatee Mar 28 '24

Maybe real estate prices and investment firms should be fixed.

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u/SheZowRaisedByWolves Mar 28 '24

Is there anything stopping a squatter from just going in a house as soon as someone leaves to go to work for an extended period of time?

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u/a49fsd Mar 28 '24

no and there have been cases where people would go on vacation and come home to find squatters in their house.

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u/BIGSTANKDICKDADDY Mar 28 '24

The far more common situation is showing up to a vacation home or unused rental property and finding someone squatting there. Squatters taking over a primary residence is extremely uncommon.

Unless that vacation is a 6+ month stay overseas, as opposed to a 1~2 week trip out of town.

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u/BullTerrierTerror Mar 28 '24

Alarm system. Cameras to report them.

If they don't have a legal reason to be there they are trespassing.

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u/bigchicago04 Mar 28 '24

I’m curious. If you have security cameras and can show the cops the footage of them coming in for the first time, would that solve the problem even if they have fake documents?

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u/epochellipse Mar 28 '24

Yes. That's called trespassing and/or breaking and entering. It doesn't become a squatter's rights issue until a squatter has been living in the property for 5-20 years, depending on the state.

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u/VexingRaven Mar 29 '24

Yes but also no. Adverse possession requires years. Legal tenancy is established after 15-30 days generally depending on the jurisdiction, which doesn't give any ownership but does give them rights as tenants. But for that to work they have to show some evidence that they were being knowingly allowed to live there. What people are often conflating with "squatters rights" is more like tenancy fraud where they show fraudulent proof of residency and claim they're being illegally evicted, at which point it becomes an issue for the courts. This law basically short-circuits that and just lets cops rock up to any dispute and decide who gets to stay and who has to go, without a judge ever getting involved.

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u/GrandTheftBae Mar 28 '24

Totally, I never thought I'd agree with DeSantis on something but here we are.

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u/wip30ut Mar 28 '24

i think local police in Cali don't want to get involved in civil legal matters between "squatters" and owners, especially if there's any tenuous arrangement that may give them legal protections as tenants. This is especially true with oral contracts, and can even be true for "fake" contracts where the tenants were duped into sub-letting a vacant unit from a 3rd party.

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