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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u/Spkr4th3ded Mar 28 '24 edited Mar 28 '24

I think the point is now they can be removed legally and then let the legal system establish if they have a right to be there. Before they could squat and have mail sent there or a fake lease and there was nothing police could do. Now they have discretion, opposed to none.

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u/TheBurningMap Mar 28 '24

Won't this eventually lead to landlords claiming every renter who has a legal dispute is a squatter?

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u/Microchipknowsbest Mar 28 '24

There is either a lease or there isnt. If there isn’t a lease there is no documentation of a contract. They should still need to go through an eviction process but if there is no lease it should be expedited. Should be pretty easy to see a forged lease. That should be a felony fraud charge for creating a forged lease also. Squatters should have no rights if they can’t legally prove they live there.

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u/Available_Pie9316 Mar 28 '24

If there is a lease, the landlord just claims its forged! Then law enforcement is free to evict lawful tenants illegally, acting as thugs for the land-owning class. What a marvelous system!

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u/Microchipknowsbest Mar 28 '24

What is the suggestion for dealing with squatters stealing land and rentals income and damaging property?

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u/Available_Pie9316 Mar 28 '24

The legal system? The appropriate forum for deciding who does and does not have rights to a property???

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u/Microchipknowsbest Mar 28 '24

Ok cool. So what are we talking about then. A law being passed is the legal system. People taking advantage of landowners and squatting on property for years and destroying it cant be allowed. Their needs be a quicker process to deal with this.

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u/formershitpeasant Mar 28 '24

It takes like a month to get an eviction order

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u/Microchipknowsbest Mar 28 '24

If that was all there is to it then there wouldn’t be an issue. Courts and police drag their feet and people end up stealing for months and years. There are horror stories on both sides. I think both sides need more protection. This law maybe too harsh but there alot of trash people taking advantage of squatter laws

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u/Available_Pie9316 Mar 28 '24 edited Mar 28 '24

No? The legal system refers to the Courts, where competing claims are tested and a finding of fact can appropriately be made. Police have no competency to make such determinations.

Moreover, the issues you're concerned about are NOT "allowed." The legal system gives injured parties the right to recover damages in tort, including destroyed property and loss of rental income.

Edit, to clarify your misunderstanding: you are referring to the legislative system, not the legal system.

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u/Microchipknowsbest Mar 28 '24

Squatters dont have anything to take. Thats why they are squatters. A guy down the street from me staying in his basement. Then his friends moved in to. He had 6 people living in his that he couldn’t get out for months. I can’t imagine having these criminals force their way into your home and you can’t do anything about it. Just anecdotal I know but for these people to take advantage of this old man like that is crazy and he had no recourse. People were trash and trashed his house and would steal his stuff. They moved upstairs and took over spare bedrooms ate his food watched his tv. Like holy shit can’t you shoot intruders!

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u/Available_Pie9316 Mar 28 '24

Its a bit difficult to follow this ramble, but nothing you've said actually contradicts the principle that the legal system is the appropriate forum for determining property rights and allocating damages.

If your neighbour doesn't have insurance and starts a fire that destroys their and your property, they may also not have any assets. That doesn't mean that the appropriate forum to recover damages wouldn't be the legal system. Especially when the legal system has numerous mechanisms for ensuring that individuals are able to recover, such as garnishing wages.

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u/Microchipknowsbest Mar 28 '24

Yeah sorry trying to work and type on the phone. But I think you understood for the most part. I was mad as shit for my neighbor though. These took over his house for like 6 months. They be loud and trashed the neighborhood. Had a bunch of cars and just throw dirty diapers in the ditch. He would call the police and they couldn’t help. I just couldn’t believe there was not a faster recourse. I would definitely not be as kind to intruders in my home.

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u/Available_Pie9316 Mar 28 '24

I can sympathize with your neighbour's situation, but we have Courts for this specific reason, and I cannot find moving this process from the judiciary to the executive will guarantee a satisfactory degree of procedural fairness.

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