|
Post by bswiv on Mar 27, 2024 11:15:52 GMT -5
|
|
|
Post by richm on Mar 27, 2024 12:13:05 GMT -5
I saw something like this before.
Have considered getting a lease drafted up and issued to my son-in-law for my place and having my dad issue me a lease for his place. Just in case something like that happens.
That way can just whip out the lease and say I been leasing this place for x years from the owner. I didn't sublease.
|
|
|
Post by stc1993 on Mar 27, 2024 13:25:40 GMT -5
He said he changed the locks. That's illegal in some states. That's what the homeowner was arrested for in NY.
|
|
|
Post by PolarsStepdad on Mar 27, 2024 13:28:34 GMT -5
My cousin owns a piece of commercial realestate. His renter stopped paying rent and he went over and changed the locks. The judge did not like that and spanked his hand. The kicker is her husband is on the lease as well and also rents another property from him. He's been there several years never late and never a problem. I told him I bet the husband doesn't have a clue his wife hasn't been paying the rent
|
|
|
Post by bullfrog on Mar 27, 2024 13:38:06 GMT -5
Florida distinguishes between a tenant and a squatter. Someone who has a lease agreement who quits paying their rent isn’t a squatter in the same way a lot of the recent news about squatters is talking about.
The squatters in question are people who see a piece of property they want, move in, and then claim “mine now because I possess it. Deeds and legal owner be damned.”
Yes, that can actually award them the property sometimes. Its legal thievery and has no reason to exist in today’s world.
|
|
|
Post by cadman on Mar 27, 2024 14:01:51 GMT -5
If I leave my house come back and someone is in my house, they get shot. Plain and simple. Florida recognizes the Castle Doctrine, which means you have the right to use deadly force to protect your house.
fuck em.
|
|
|
Post by madm002 on Mar 27, 2024 14:27:18 GMT -5
Florida distinguishes between a tenant and a squatter. Someone who has a lease agreement who quits paying their rent isn’t a squatter in the same way a lot of the recent news about squatters is talking about. The squatters in question are people who see a piece of property they want, move in, and then claim “mine now because I possess it. Deeds and legal owner be damned.” Yes, that can actually award them the property sometimes. Its legal thievery and has no reason to exist in today’s world. So what is the remedy Bullfrog? How do people that have multiple properties or a property that is vacant protect themselves?
|
|
|
Post by richm on Mar 27, 2024 15:30:36 GMT -5
Florida distinguishes between a tenant and a squatter. Someone who has a lease agreement who quits paying their rent isn’t a squatter in the same way a lot of the recent news about squatters is talking about. The squatters in question are people who see a piece of property they want, move in, and then claim “mine now because I possess it. Deeds and legal owner be damned.” Yes, that can actually award them the property sometimes. Its legal thievery and has no reason to exist in today’s world. So what is the remedy Bullfrog? How do people that have multiple properties or a property that is vacant protect themselves? Squatter LawDeSantis made it easier.
|
|
|
Post by bullfrog on Mar 27, 2024 16:55:46 GMT -5
Florida distinguishes between a tenant and a squatter. Someone who has a lease agreement who quits paying their rent isn’t a squatter in the same way a lot of the recent news about squatters is talking about. The squatters in question are people who see a piece of property they want, move in, and then claim “mine now because I possess it. Deeds and legal owner be damned.” Yes, that can actually award them the property sometimes. Its legal thievery and has no reason to exist in today’s world. So what is the remedy Bullfrog? How do people that have multiple properties or a property that is vacant protect themselves? I do not know what the governor has just signed. Prior to whatever change in the law that has just happened, squatting in Florida was called “adverse possession.” Rarely did it result in someone getting an entire property or home. Usually it allows someone to get a little more extra property. Suppose your neighbor puts his fence 5 feet on your side. You know the fence is on your side. For 7 years you let it go. You didn’t give him permission but you haven’t kicked him off either. For the 7 years he maintains the extra 5 feet by mowing and watering it. After 7 years, he can start the process to make the extra 5 feet his. The 7 year requirement was the biggest factor that saved property owners. 7 years is a long time for someone to openly possess your property. That’s why it rarely happened to residences but more commonly happened in minor border disputes.
|
|
|
Post by cadman on Mar 27, 2024 17:40:20 GMT -5
I do not know what the governor has just signed. Prior to whatever change in the law that has just happened, squatting in Florida was called “adverse possession.” Rarely did it result in someone getting an entire property or home. Usually it allows someone to get a little more extra property. Suppose your neighbor puts his fence 5 feet on your side. You know the fence is on your side. For 7 years you let it go. You didn’t give him permission but you haven’t kicked him off either. For the 7 years he maintains the extra 5 feet by mowing and watering it. After 7 years, he can start the process to make the extra 5 feet his. The 7 year requirement was the biggest factor that saved property owners. 7 years is a long time for someone to openly possess your property. That’s why it rarely happened to residences but more commonly happened in minor border disputes. I thought you had to pay the taxes on the property as well. Possession, improvement, and pay taxes. In the old days tax collectors didn't care if taxes were paid twice, these days with computers it makes it difficult.
|
|
|
Post by bullfrog on Mar 27, 2024 18:29:17 GMT -5
I do not know what the governor has just signed. Prior to whatever change in the law that has just happened, squatting in Florida was called “adverse possession.” Rarely did it result in someone getting an entire property or home. Usually it allows someone to get a little more extra property. Suppose your neighbor puts his fence 5 feet on your side. You know the fence is on your side. For 7 years you let it go. You didn’t give him permission but you haven’t kicked him off either. For the 7 years he maintains the extra 5 feet by mowing and watering it. After 7 years, he can start the process to make the extra 5 feet his. The 7 year requirement was the biggest factor that saved property owners. 7 years is a long time for someone to openly possess your property. That’s why it rarely happened to residences but more commonly happened in minor border disputes. I thought you had to pay the taxes on the property as well. Possession, improvement, and pay taxes. In the old days tax collectors didn't care if taxes were paid twice, these days with computers it makes it difficult. The traditional common law requirements are : 1. Open possession 2. Hostile possession 3. Exclusive possession. 4. 7 continuous years of possession under the above conditions. That’s generally what Florida has followed. I am not sure when taxes became dispositive, but I do see that in 2011 the statute changed to make the tax requirement for adverse possession more defined. From that point forward a specific claim and procedure had to be followed to pay the taxes. I’m not sure how adverse possession could ever happen in a case where the adverse possession claim is over a mere 5 feet of land where the only outstanding element is payment of taxes. I imagine you can’t pay taxes on just 5 feet unless the adjoining landowner is totally absentee
|
|
|
Post by PolarsStepdad on Mar 27, 2024 18:58:56 GMT -5
I can't fathom owning a home or property that you aren't even aware that someone could move into it and be there for months before you know. It's wild to be.
|
|
|
Post by johngalt on Mar 27, 2024 19:29:30 GMT -5
I can't fathom owning a home or property that you aren't even aware that someone could move into it and be there for months before you know. It's wild to be. I am skeptical of those TV commercials that push the deed/title insurance. If it’s that easy to steal a home, there are some real problems.
|
|
|
Post by richm on Mar 27, 2024 20:06:51 GMT -5
I can't fathom owning a home or property that you aren't even aware that someone could move into it and be there for months before you know. It's wild to be. Lot of snowbirds down here. Depends on relationship w neighbors and how often someone checks the place. A lawnmower man is your best friend. Cheap security in some cases.
|
|
|
Post by tonyroma on Mar 27, 2024 20:16:48 GMT -5
So in Florida, if I find an old single wide in the woods, mow the lawn and do improvements for 7 years it’s mine?
|
|
|
Post by pinman on Mar 27, 2024 20:19:01 GMT -5
I can't fathom owning a home or property that you aren't even aware that someone could move into it and be there for months before you know. It's wild to be. I am skeptical of those TV commercials that push the deed/title insurance. If it’s that easy to steal a home, there are some real problems. Most county clerk's offices will let you sign up to be notified if a document is recorded in your name. I think, but am not sure, that is the same thing these companies do.
|
|
|
Post by PolarsStepdad on Mar 27, 2024 20:23:05 GMT -5
I can't fathom owning a home or property that you aren't even aware that someone could move into it and be there for months before you know. It's wild to be. Lot of snowbirds down here. Depends on relationship w neighbors and how often someone checks the place. A lawnmower man is your best friend. Cheap security in some cases. I had a coworker who mostly through the birth lottery did very well for himself. He owned several properties trying to make his wife happy. They'd buy their "dream home" get halfway through renovating it and she'd find something else she liked more. He always thought he was controlling cost by hiring a weekend warrior or part time renovator. How he kept from going completely broke is a miracle to me. He had problems with people breaking in his houses and stealing shit. One house in particular was in Savanah. And it was a nightmare from day one. He often would complain "I'm paying him damn near what I make" to work on stuff. Knowing what he/we made I laughed. I tried to explain to him that if I've got a van/truck and 100k in tools in it I'm not getting out of the truck for what we make. I really liked him we differed on so many things but I enjoyed talking to him and I might have learned a thing or two. They never had kids and it was just him and her. It just blew my mind that someone could be so out of touch with reality of the world around them as they were. I mean they literally could not see the world beyond their own porch. When his father died he was complaining about having to write a check to the IRS. I told him I didn't even make that much and would gladly swap places lol. But I digress owning a house you don't live in or even visit for months maybe even a year at a time is weird to me.
|
|
|
Post by bullfrog on Mar 27, 2024 21:21:20 GMT -5
So in Florida, if I find an old single wide in the woods, mow the lawn and do improvements for 7 years it’s mine? Perhaps not under the new law DeSantis just signed. I don’t know what it says. Under the old law if you met all the requirements, yes.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Mar 27, 2024 21:36:30 GMT -5
DeSantis made a good move. Congratulations to him
|
|
|
Post by cadman on Mar 28, 2024 5:39:50 GMT -5
So in Florida, if I find an old single wide in the woods, mow the lawn and do improvements for 7 years it’s mine? In the old days, as I heard the stories, there were a few people who found some young planted pine owned by an out of state person or company. Pick a 40 or 80 acre parcel, that had fence around it. Go to a corner, measure out a few acres and put in some fence posts and run barb wire to separate that section from the rest of the pine. Build a lean to and camp there for 7 years. I thought they also paid the taxes on the property, which wasn't much due to the exemptions. Then if they made it 7 years without anyone kicking them off, they went down and filed the paperwork to claim the acreage they cut out. I understood it had been done enough times that the big landowners started paying guys to walk every piece of property they owned every 5 years and kick off anyone they found and not be polite about it. They wanted a corner to be sure they had access to the road, fenced in so all they had to do was add interior fencing nobody would notice, and hide a shack or lean to in the middle. they met the requirements of adverse possession and improvements made. Anyone driving by to check the property, which was the common way to check on it, would not see anything unusual. i think the old adverse possession laws were an offshoot of homestead laws. People in the early days would abandon property and move on if they fail to make it work. This way a settler could come it and improve it without the old owner trying to claim it many years later after the new guy built it up into a working farm.
|
|
|
Post by richm on Mar 28, 2024 6:20:24 GMT -5
Lot of snowbirds down here. Depends on relationship w neighbors and how often someone checks the place. A lawnmower man is your best friend. Cheap security in some cases. I had a coworker who mostly through the birth lottery did very well for himself. He owned several properties trying to make his wife happy. They'd buy their "dream home" get halfway through renovating it and she'd find something else she liked more. He always thought he was controlling cost by hiring a weekend warrior or part time renovator. How he kept from going completely broke is a miracle to me. He had problems with people breaking in his houses and stealing shit. One house in particular was in Savanah. And it was a nightmare from day one. He often would complain "I'm paying him damn near what I make" to work on stuff. Knowing what he/we made I laughed. I tried to explain to him that if I've got a van/truck and 100k in tools in it I'm not getting out of the truck for what we make. I really liked him we differed on so many things but I enjoyed talking to him and I might have learned a thing or two. They never had kids and it was just him and her. It just blew my mind that someone could be so out of touch with reality of the world around them as they were. I mean they literally could not see the world beyond their own porch. When his father died he was complaining about having to write a check to the IRS. I told him I didn't even make that much and would gladly swap places lol. But I digress owning a house you don't live in or even visit for months maybe even a year at a time is weird to me. That was how the retirement dream went for a lot of folks up north. They worked in a factory and had 2 weeks of vacations, 1 week was usually local and 1 week was to FL or somewhere else down south during the winter. The desire was to buy a low cost place down south and be able to go down during the worst of the winter months when they were old. Smart folks "moved" to FL to save on state income taxes, which could be as high as 5%. The warm weather down south feels better on old bones than cold and ice and such. Many of the folks who do the snowbird thing are not wealthy like your friend. They came from higher salary & taxes, the house they purchased in FL was a fraction of the cost of what they could buy for up north. Those days are behind us but they used to be. One snowbird I know paid $40k for a fully furnished house, if you aren't picky and trying to stretch a budget, that wasn't a bad deal. It is now worth quite a bit more... I moved down in the 90s and houses in Orlando were going for mid 30-ks. I had enough in the bank and was getting about $350/week in unemployment - could have afforded one at that time and ultimately wish I had. Paid 80 a few years later and still in that house. My wife is a southerner and was pretty much hand to mouth growing up, doesn't have the vision of doing better, more along the lines of just getting along. My vision is different - probably a regional thing.
|
|
|
Post by richm on Mar 28, 2024 6:27:00 GMT -5
So in Florida, if I find an old single wide in the woods, mow the lawn and do improvements for 7 years it’s mine? In the old days, as I heard the stories, there were a few people who found some young planted pine owned by an out of state person or company. Pick a 40 or 80 acre parcel, that had fence around it. Go to a corner, measure out a few acres and put in some fence posts and run barb wire to separate that section from the rest of the pine. Build a lean to and camp there for 7 years. I thought they also paid the taxes on the property, which wasn't much due to the exemptions. Then if they made it 7 years without anyone kicking them off, they went down and filed the paperwork to claim the acreage they cut out. I understood it had been done enough times that the big landowners started paying guys to walk every piece of property they owned every 5 years and kick off anyone they found and not be polite about it. They wanted a corner to be sure they had access to the road, fenced in so all they had to do was add interior fencing nobody would notice, and hide a shack or lean to in the middle. they met the requirements of adverse possession and improvements made. Anyone driving by to check the property, which was the common way to check on it, would not see anything unusual. i think the old adverse possession laws were an offshoot of homestead laws. People in the early days would abandon property and move on if they fail to make it work. This way a settler could come it and improve it without the old owner trying to claim it many years later after the new guy built it up into a working farm. I was raised to buy what you want, if you can't afford what you want, adjust your wants. Squatters and thieves like these 7-yr folks deserve some kind of penalties. Can't be too naive in the world, folks will take advantage of you. Probably explains why so many folks got shot in the wild west, screw someone over and die for it.
|
|
|
Post by ferris1248 on Mar 28, 2024 7:36:41 GMT -5
"I was raised to buy what you want, if you can't afford what you want, adjust your wants." Bingo
|
|
|
Post by stc1993 on Mar 28, 2024 18:03:21 GMT -5
I think you can claim abandoned vehicles in FL too.
|
|
|
Post by cadman on Mar 28, 2024 18:08:27 GMT -5
I think you can claim abandoned vehicles in FL too. it is not an easy process.
|
|
|
Post by swampdog on Mar 28, 2024 20:11:46 GMT -5
I seem to remember people letting folks cut across their property to save time. After the seven years it became a legal easement that the courts recognized.
|
|
|
Post by Captj on Mar 30, 2024 7:55:47 GMT -5
Have a friend who rented out a house to a bunch of druggies. When he tried to evict them they refused and played the squatter card. Cops weren't helpful even though they knew drugs were being sold there. A few friends with baseball bats convinced the squatters that leaving was in their best interest. Personally I wonder why owners don't install an alarm system and let the cops take action when it goes off.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Mar 30, 2024 9:03:18 GMT -5
My cousin owns a piece of commercial realestate. His renter stopped paying rent and he went over and changed the locks. The judge did not like that and spanked his hand. The kicker is her husband is on the lease as well and also rents another property from him. He's been there several years never late and never a problem. I told him I bet the husband doesn't have a clue his wife hasn't been paying the rent On commercial in Illinois you used to be able to simply change the locks. I did it up until about 1995
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Mar 30, 2024 9:05:07 GMT -5
I seem to remember people letting folks cut across their property to save time. After the seven years it became a legal easement that the courts recognized. I thought the “adverse possession” laws kicked in after 20 years.
|
|
|
Post by bullfrog on Mar 30, 2024 9:59:56 GMT -5
I seem to remember people letting folks cut across their property to save time. After the seven years it became a legal easement that the courts recognized. I thought the “adverse possession” laws kicked in after 20 years. Depends on the state. Each state thar recognizes the doctrine sets their own parameters.
|
|