“Squatters rights” can seem like a sense application of legal protections. They certainly have fouled countless Fort Lauderdale home sales. Under Florida law, squatter’s rights emerge when a vagrant, under the act of trespassing, develops legal rights to a property if the owner doesn’t take timely action to evict them.
Doesn’t matter if the squatter can make no other legal claim to the home, has never made principal, interest, tax or insurance payments on the property, or even gained unlawful entry.
In this video, we discuss how in Florida, vagrants have rights.
Don’t I know it. I recently represented a buyer of a Wilton Manors property. We came to discover a vagrant had moved into the property after the pre-closing inspection. We called the police. When they arrived, the vagrant presented a falsified lease. The police couldn’t proceed.
So the listing agent initiated an eviction with outstanding Fort Lauderdale real estate attorney Caroline Hochberg with commercial real estate law firm Hochberg & Dirienzo. She wrote up an eviction demand, claiming the “tenant” has breached the terms of tenancy in some material way, or – in this case – the squatter never had claim to the property in the first place.
Notice was posted, giving the vagrant 24 hours to vacate the property before the police would be called to remove the man.
The number of properties owned by remote landlords or property owners who cannot keep a watchful eye on their investment has only exacerbated the problem.
We’re not unsympathetic to Fort Lauderdale’s homeless crisis. Whatever the cause, people lose their jobs, then their apartments or homes, and find themselves on the streets.
That doesn’t give them a key to someone else’s property.
Thankfully, the vagrant left the home, leaving behind very little damage. We’ve heard horror stories of evicted tenants and vagrants causing significant and costly damage to a home, duplex, condominium or apartment.
If you suspect or know a vagrant is living in a property you own or a residence in your neighborhood, take action before they try to stake a claim. Beyond damaging homes they live in, vagrants can become a blight on a neighborhood.
Until society comes up with a solution to homelessness, it’s not your responsibility to play host. If you want to discuss in greater detail homeowners vs vagrant rights, or need a referral to a good real estate lawyer, don’t hesitate to contact me.
Gary Lanham is team leader for the Gary Lanham Group at Coldwell Banker Real Estate Fort Lauderdale Beach Office. To learn more, visit instagram.com/garylanhamgroup or call 954-695- 6518.