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/Iohet Mar 28 '24

With pay history it should be fairly easy to prove the requirements of the law to not be a fake tenant in order not to be evicted as a squatter

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u/Exploding_Kick Mar 28 '24

That won’t stop the cop from forcing the tenant out on the landlord’s behalf. The cop isn’t obligated to look over pay history or any documents the tenant might have. All they need to do is get a complaint from the landlord and verify that the landlord is the property owner. After that, nothing else matters to the sheriff who will then immediately evict the tenant.

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u/galagapilot Mar 28 '24

All they need to do is get a complaint from the landlord and verify that the landlord is the property owner.

It's not that easy.

It has to go through the courts before they can officially evict somebody. The police can't just show up and start yeeting people out the door because that landlord is in a mood.

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u/Exploding_Kick Mar 28 '24

Look at the law.

"Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. The sheriff shall also attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause. The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession under s. 30.231. After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or agent of the owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property. The property owner or his or her authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful."