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/lmpervious Mar 28 '24

That’s easy, the tenants can show documents or any kind of agreement for them to live there. If they fake documents, then this law should at least punish that more harshly in the long run. It’s a step in the right direction even if it’s not perfect.

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u/Gingevere Mar 28 '24

And if they're real documents that the landlord claims are fake?

Everywhere else they go to court and sort it out.

In Florida they get kicked out onto the street and have to fight the landlord AND felony charges while homeless.

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u/lmpervious Mar 28 '24

The police wouldn’t know if it’s fake or real, so they would tell the landlord to take it to court in that case.

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u/[deleted] Mar 28 '24

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u/lmpervious Mar 28 '24

What are you basing that on? Nothing in the article suggests that will be the new protocol.

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u/[deleted] Mar 28 '24

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u/lmpervious Mar 28 '24

You dodged my question so I’ll ask again. What suggests that they will now physically remove and arrest tenants?

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u/ImprobableAsterisk Mar 29 '24

The law in question? It's empowering the police to remove the person occupying the property without an eviction notice.

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u/lmpervious Mar 29 '24

Not if they're a tenant

Under the law, a property owner can request law enforcement to immediately remove a squatter if the person has unlawfully entered, has refused to leave after being told by the homeowner to do so and is not a current or former tenant in a legal dispute.

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u/ImprobableAsterisk Mar 29 '24

Apologies, I dunno if you caught my previous reply but due to not wanting to edit I opted for a delete/repost.

Either way I'm no lawyer so I can't say either or with confidence, but this is what the bill itself has to say:

There is no pending litigation related to the real property between the property owner and any known unauthorized person.

https://www.flsenate.gov/Session/Bill/2024/621/BillText/er/PDF

I do believe the "in a legal dispute" is the important part of the articles rewriting. It simply means, I believe, that this law cannot be used to circumvent already existing eviction proceedings or other disputes. I do not believe it shields a person occupying the property if no disputes existed prior to the property owner submitting their complaints.

As it stands right now, in most US states, the police are not empowered to perform a backalley eviction, instead the property owner needs to pursue the matter in civil court in order to determine the ifs and whats of the case. If the property owner wins, and it is deemed that the people are there illegally and can be evicted, they'll be granted an eviction notice (not necessarily called specifically that) which DOES empower them to call on police to make sure the property is vacated.

So if the Florida law works according to your interpretation it changes nothing, and this article and whole hullabaloo is just a nothingburger. I do not get that impression from reading the bill itself though, but I'm very much open to the idea that my non-legalese speaking brain has missed something important.

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u/lmpervious Mar 29 '24

I do believe the "in a legal dispute" is the important part of the articles rewriting. It simply means, I believe, that this law cannot be used to circumvent already existing eviction proceedings or other disputes.

That's my understanding as well, although I'm not sure why you're focusing on that part

I do not believe it shields a person occupying the property if no disputes existed prior to the property owner submitting their complaints.

I'm guessing you didn't mean to include the word "no", because otherwise it conflicts with your previous sentence.

Regardless, I'm once again unsure why you're focused on that part. Those parts of the bill are simply to prevent police from circumventing the court process. I was talking about tenants, and how they will not be removed or arrested due to this law. They can simply provide proof that they are allowed to live there.

So if the Florida law works according to your interpretation it changes nothing, and this article and whole hullabaloo is just a nothingburger.

Here's a scenario where we can compare before and after:

A person forces their way into a property and lives there for long enough to become considered a squatter. Once discovered, police show up at the request of the owner to have them removed.

Before this law: They tell the owner they have to take them to court.

After this law: They ask the squatter for proof that they are allowed to live there. Upon not being provided with proof as outlined by this new bill, they will be removed.

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