Letting a boyfriend, girlfriend, or family member live on your property without having their name on the lease or deed may seem harmless at first, but if things go south, kicking them out may be harder than you think.
Following a string of news stories about squatters in Florida and across the country, Governor Ron DeSantis passed a law making it easier for police to remove squatters from properties without homeowners having to go through a lengthy and costly legal process.
When it comes to evictions in general, there are a lot of little details that can make a big difference in how each case is handled.
Real estate lawyers say the most common evictions in Florida are between unmarried couples or family disputes. (iStock)
A Florida landlord evicted squatters a year ago, and her story led to the passage of legislation to protect homeowners.
Geron Kelley, Partner at Kelley & Grant P.A. The Boca Raton, Florida-based lawyer previously spoke with Fox News Digital in a phone interview about eviction cases that are common in the state.
“In many cases, the most common are cases that don’t quite fit the term true squatters as people think of them,” Kelly told Fox News Digital, noting that situations involving family disputes and unmarried relationships are most common in the state.
“Please keep in mind that a person who is evicted or removed does not have any ownership interest in the property and cannot initiate a legal dispute over that ownership,” Kelly noted.
Expert advice on protecting your home from squatters
Family disputes can arise between adults who still live in their parents’ home, but don’t have ownership rights to the property and don’t follow the guidelines set out by the parents who own the home.
A theoretical example of a common eviction among unmarried couples would be if a woman purchased a property and was the only person listed on the deed, but invited her boyfriend to live with her. If there was a dispute between the couple and the owner wanted her live-in boyfriend to move out, the police probably wouldn’t evict him right away. Rather, a trespass lawsuit would be required to evict him in Florida.
A new bill passed in Florida will make it easier for police to remove squatters without homeowners having to go through a lengthy court process. (iStock)
“He entered the property peacefully with her permission, so he’s not a squatter,” Kelly said, “but he doesn’t have title to the property, so he could be evicted in a squatter suit.”
Hire a lawyer like this to more effectively remove squatters from your property
There are many other factors that come into play in this situation, including whether the individual had a rental agreement with the owner and was paying rent in some form.
Before Florida passed this new law, situations like true squatters who had no permission from the owner, did not pay rent and entered properties that were not open to the public were often the subject of squatter lawsuits.
“[The Florida statute] “This law makes it easier for landlords to call the police in certain circumstances where the property is closed to the public and there is no tenant present. In many cases, the police can evict the tenant without having to file a squatter suit,” Kelly explained.
A real estate attorney can help answer homeowner questions about eviction. (iStock)
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When dealing with a situation involving eviction, whether it’s a stranger squatter or someone you know well, the laws vary from state to state. A real estate attorney can provide you with information on the steps to take in your particular situation.
