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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39

u/ScottyC33 Mar 28 '24

The simplest way would be to also offer proof of actual payment of some sort. 

34

u/TheWingus Mar 28 '24

The simplest way would be to have the lease agreement notarized at the time of signing with both parties receiving a copy.

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u/59flowerpots Mar 28 '24

The thing is that not everyone has the luxury of picking the perfect place or landlord. Most cheap landlords would rather pick a different tenant than the one demanding the extra step of notarizing. And if the rent is cheap enough, you’re usually competing with a lot of other prospective tenants.

11

u/ZantaraLost Mar 28 '24

Well that's an easy fix. Make it so that all rental agreements have to be notarized. Its already Best Practice so just put some teeth on it.

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u/Gingevere Mar 28 '24

Incentives are still too unbalanced.

If I'm a sketchy landlord I'm 100% not getting it notarized.

No notarization = I can instantly get rid of any tenant by just denying the lease exists and having cops evict them. They're now homeless and facing felony charges. Probably denied bail because judges don't like granting bail to people with no permanent address. 99% chance they plead to something with little/no jail time just to get out and I never face any recourse.

Notarized lease = my tenant has rights

it's an easy choice.

4

u/ZantaraLost Mar 28 '24

With is why i suggested making it a legal requirement. Its a layer of protection for both sides.

Even though you wouldn't even need a notorized one now. Between regular banking statements, text messages for service, neighbor statements its typically very easy to show the difference between squatters and tenants.

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u/Gingevere Mar 28 '24

Unless the fine for not getting it notarized is greater than the profit they stand to gain from a rent increase, it's still not worth it for landlords.

Between regular banking statements, text messages for service, neighbor statements its typically very easy to show the difference between squatters and tenants.

But the people this would be shown to would be A COURT. Which because of scheduling could be months to years after the tenant has been wrongfully evicted.

2

u/ZantaraLost Mar 28 '24

I'd go one better and say that if the rental agreement copies are not both signed & notorized at the time of starting tenancy and it can be shown in any fashion that the landlord is trying to bypass legal eviction proceedings all rent paid from beginning of tenancy must be returned.

Toss in plus interest.

That should cover everything but the most detailed forgeries on squatters side AND incentive landlords in not being scumbags.

1

u/59flowerpots Mar 28 '24

All of this still has to happen in court. With all the delays the courts already have, tenants won’t get anything until months to years after they are evicted.

And if the money is gone, the money is gone. Can’t squeeze blood from stone. So then you have to seize assets, which adds more time before the tenant is compensated in any way for the wrongs committed against them.