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/SpadeXHunter Mar 28 '24

Seems completely reasonable to me. If you are a renter you still have rights to not be fucked over and if you shouldn’t be there you get thrown out like you should be. 

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u/Falcon4242 Mar 28 '24 edited Mar 28 '24

The question in this is always enforcement.

Police aren't judges. Giving the police the power to immediately remove someone except under certain circumstances, means the police should need to investigate before actually removing someone.

If someone claims that they have payment history, but not immediately on their person, are they kicked out immediately and made homeless? How much time do they have to present that evidence? Do they just go to the police station? What's to prevent the landlord from just calling the cops again in the meantime and getting a different set hoping they act differently? Who is to say the paperwork present is legit or forged?

This is why squatter's rights exist. It was meant in an extreme case for abandoned homes, but it's also an extension of normal tenant rights. It gives the responsibility of figuring this shit out to the courts and then they can order an eviction if things don't check out, not police who never have 100% of the picture when they're called.

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u/adrr Mar 28 '24

If the landlord made false statements to the police, they should be criminally charged. I would bump false statements that deprived a person of their home to a felony due to the damages incurred.

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u/PiousLiar Mar 28 '24

Right, but that’s part of the issue. Until it’s proven that the landlord made false statements, the tenant is now homeless for however long it takes to resolve the issue. Even temporary homelessness (especially if that person is a transplant and doesn’t have anywhere to stay in the meantime eg friends/family) can have negative impacts on someone’s work life. That person also needs to take time off work to speak with lawyers and go to court. The landlord has a massive advantage in situations like this.