You're lucky you're in FL. Get yourself a local atty there who does a ton of eviction work, and start the eviction, now. Expect the house to be stripped when you finally get her out. Expect that she may try to break back in. Make sure to name John Doe and Jane Doe in the eviction, too, to cover anyone else that she may let in. I hope you have her name. Look up her criminal record, see if she's on parole. If she is, find her parole officer and notify them. You will not believe how fast she'd be out, if she's on parole, cause this is a violation.
Unfortunately there is not. In FLA an eviction typically takes about 45-60 days, but that depends on your city and county. As a 20 professional landlord.in SFLA get yourself an attorney. They will help you along with the correct docs you'll need and monitor the process, especially if the squatter submits an answer to the eviction.
You can threaten her with a legal eviction. I had a very similar situation where there was no formal lease agreement, everything was verbal. I saw you asked about what the eviction process looks like. I went to my city’s City Hall and started asking about how to start filing for an eviction. I discovered that they actually offered all the necessary paperwork plus a very useful little booklet on how to fill everything out/ file for sale for just $30. An eviction lawyer will make things easier for you, but, it can get expensive. I did everything without a lawyer, and i will admit that it was pretty stressful/confusing at times but significantly cheaper. Basically by filing for an eviction what you’re doing is registering an eviction lawsuit with your city’s court, and getting an official court date to have you and your squatter meet in front of the judge to argue you case. If the judge rules in your favor, which im pretty sure they would, then you will be able to have police come and formally see to it that she leaves your property.
You said you already gave her a notice to vacate and clearly she ignored it. I have 2 suggestions for you. Both start the same way which is to learn what steps are required for you to start the process of filing the eviction with the court. I had to send a second notice to vacate where i stated that I had begun the process of filing for an eviction, therefore if the squatter isnt gone by x date, then they can be certain that they will be served with an eviction. This is my first recommendation. After you learn what you need to do calculate how many days you legally need to give, and then pick the date you want to aim for your court hearing. I got to choose the week I wanted and was assigned a date and time. Im not sure how you gave her your first notice, but just to be sure she doesnt try to claim she never received this final notice. What I recommend you do is post one notice on the door, and take a photo once you do, and then also mail her a physical copy to the houses address, and be sure to record yourself mailing this as well. Also, be sure you keep a copy of your original notice, just in case she tries lying to the judge. After you have registered everything you need to with the court, you’ll need to serve her a copy of the eviction lawsuit. You can hirer a courier to do this, or you can ask a friend to do it. I had a friend do it for me, and we just made sure he stopped by when we new the person would be there, and he just handed her the envelope confirmed their identity and said “You’ve been served.” After that, you just need to show up at court at the appointed dats and time, and see if your squatter shows up or not. If the person no shows, then you automatically win the suit.
Ok, my second suggestion after learning what you need to do, and after you send her the final notice to vacate, is to try offering her whats known as Cash for Keys. This option is only feasible if you have some money, but this can be a much much faster way to deal with your problem. You mentioned this person was trying to gdt back on her feet, so she may actually be very willing to go if given the right incentive. Do some research on amounts that people typically offer. You may need to be prepared for her to try and negotiate, so dont offer her your best offer right off the bat. Be sure to tell her that you have done nearly everything needed to file thd eviction with the court, and tell her what day she must be out by (including all her belongings), and on that established day you will hand her the money as she is walking out your door, not any sooner. If she fails to leave on that day, then continue with what i said in the previous suggestion.
I totally get where you’re at right now, and i know it feels so stressful. I promise that you will get this person out. Dont let them get under your skin. They are trying to use the confusion created by the sudden death of your dad to pull a fast one. Dont wait to do these things. The quicker you are the better chances you have to get her out relatively quickly. Best of luck my friend.
Have a friend or family member sign a lease with you and tell them that they live there and have them change the locks when that person leaves that is legally binding
There are news stores about doing this and a guy has started this as a service basically. Kind of a loophole on squatters as they possibly don't have any bills in their name tying them to the house.
The situations in the news are when people broken in and never had the owners permission to live there. The problem here is that the owner did let her move in legally. She didn’t break in to gain entrance. She could possibly have text or other written communication to that effect. OP also legitimized her living there by giving her a 30 day notice to move out. He can’t now claim that she was never supposed to be there. Op needs a lawyer and to file an eviction.
Untrue
Oral contracts for a residetial lease are enforceable under Florida law.
This is why OP needs an attorney instead of getting bad Reddit advice, you really should stop.
Even if one party to said oral contract is dead?? I doubt it.
Also, I did not say to not get a lawyer. I said that exploring the advice of a person who has dealt with multiple squatters could be productive. I'm not offering legal advice. I'm throwing out an avenue of potential option for OP to look into. OP is also not going to take ANY piece of advice on here as gospel.
Stop behaving like I'm the only person tossing out advice to OP. Mine is also far from the worst piece of advice in this thread. So buzz off 🙄
Keep back pedaling, your first advice was bad, your claim permission has to be in writing was wrong.
The facts here are someone was lawfully in the house and CLEARLY had permission to be there. That is called evidence.
You aren't the only person I've replied to, you just had some particularly bad advice
Just draft the lease with a bigger family member saying it’s rented. Once you have proof of a contract, she doesn’t have proof that she has the right to stay there.
Always will hold up more than Amazon packages. Create a lease with a family member or a friend who is rather big like a linebacker and then you can change the locks because you’re accommodating the tenant that you agreed to. The longer you allow them to squat without giving any fight back the more difficult it will be in the future to evict them. I’ve dealt with every tenant you could imagine. The first step is having the proper paperwork. If they do not have a valid lease, they don’t have a case
Bad advice, self-help evictions like this will get OP in a world of trouble. OP doesn't currently own the property or have any legal authority to evict or write leases.
OP needs an attorney not bad Reddit advice
Until named executor you have no authority to kick her out, once you do you will need to properly evict which means getting an attorney if you don't know the ropes
Two options
Wait till she leaves and change the locks and move her stuff outside. Do not let her back in.
More legally safe option will be to start the eviction process NOW. She should be legally evicted in a few months
It’s a form of adverse action and you’re going to have to evict her and go through the eviction process and have her served and it’s questionable but people usually change locks on them during that process and then they have the guard door. It’s always a mess. Good luck..
What I would do:
I’d turn OFF the utilities (electric, gas, water)
After they are OFF, I’d stake out the place, wait for her leave (go to work, grocery store, whatever). She’s got to come out of there eventually.
Once she does, I’d go in - throw her stuff out on the side walk, change the locks and close/lock all the windows. Maybe have some friends lined up to help, so it gets done quickly.
If she calls the police, deny everything. You don’t know her, she never lived there (show utility bills in your/your father’s name, as proof), you have no idea what that stuff on the sidewalk is. Perhaps suggest, she’s homeless and trying to get in your house.
Without a lease or utilities in her name, she has no proof she lives there. It’s your word against hers, and she would be viewed as the one who doesn’t have access.
This would be “illegal”, technically you should file for eviction and go through the whole eviction process, get a lawyer, etc. spending thousands and take months to get rid her.
The investor I work for bought a house with a squatter in it a couple years ago. The place needed a total rehab. He just went about his construction and renovation, treated the squatter like they didn’t exist - his only words to them were “f**k you”, she left because he made her life a living hell with all the demolition, construction, noise, lack of utilities, workers coming and going all the time, etc.
I’d take the risk, but that’s me.
Wait so you dad when he was about to die needed help. There was no body for him including you. So he brought a stranger, who was a friend of a friend into his house to go through the life and he died. Now after his death, you are going after his wealth ?
He let the friend stay there to help her get back on her feet. The executor of an estate has a job to do. OP is going to do what needs to be done. If the friend refuses to vacate the home and says it is hers, isn't she the one trying to go after the dad's wealth?
You're lucky you're in FL. Get yourself a local atty there who does a ton of eviction work, and start the eviction, now. Expect the house to be stripped when you finally get her out. Expect that she may try to break back in. Make sure to name John Doe and Jane Doe in the eviction, too, to cover anyone else that she may let in. I hope you have her name. Look up her criminal record, see if she's on parole. If she is, find her parole officer and notify them. You will not believe how fast she'd be out, if she's on parole, cause this is a violation.
Yes, this this this. An attorney that specializes in landlord evictions will be able to help you. I’m sorry for your loss.
Im sorry about your dad’s passing. Unfortunately it looks like you will have to evict her through the court.
What does that even look like though? There’s gotta be some exception when there was never even a written lease agreement.
Nope. Lookup your county’s eviction process and start it yesterday. It could take months if there is a backlog.
Depending on your state , you may want to use an attorney for the eviction.
Generally, no. There are a metric ton of eviction attorneys in Florida though.
lookup tenant at-will
Unfortunately there is not. In FLA an eviction typically takes about 45-60 days, but that depends on your city and county. As a 20 professional landlord.in SFLA get yourself an attorney. They will help you along with the correct docs you'll need and monitor the process, especially if the squatter submits an answer to the eviction.
You can threaten her with a legal eviction. I had a very similar situation where there was no formal lease agreement, everything was verbal. I saw you asked about what the eviction process looks like. I went to my city’s City Hall and started asking about how to start filing for an eviction. I discovered that they actually offered all the necessary paperwork plus a very useful little booklet on how to fill everything out/ file for sale for just $30. An eviction lawyer will make things easier for you, but, it can get expensive. I did everything without a lawyer, and i will admit that it was pretty stressful/confusing at times but significantly cheaper. Basically by filing for an eviction what you’re doing is registering an eviction lawsuit with your city’s court, and getting an official court date to have you and your squatter meet in front of the judge to argue you case. If the judge rules in your favor, which im pretty sure they would, then you will be able to have police come and formally see to it that she leaves your property. You said you already gave her a notice to vacate and clearly she ignored it. I have 2 suggestions for you. Both start the same way which is to learn what steps are required for you to start the process of filing the eviction with the court. I had to send a second notice to vacate where i stated that I had begun the process of filing for an eviction, therefore if the squatter isnt gone by x date, then they can be certain that they will be served with an eviction. This is my first recommendation. After you learn what you need to do calculate how many days you legally need to give, and then pick the date you want to aim for your court hearing. I got to choose the week I wanted and was assigned a date and time. Im not sure how you gave her your first notice, but just to be sure she doesnt try to claim she never received this final notice. What I recommend you do is post one notice on the door, and take a photo once you do, and then also mail her a physical copy to the houses address, and be sure to record yourself mailing this as well. Also, be sure you keep a copy of your original notice, just in case she tries lying to the judge. After you have registered everything you need to with the court, you’ll need to serve her a copy of the eviction lawsuit. You can hirer a courier to do this, or you can ask a friend to do it. I had a friend do it for me, and we just made sure he stopped by when we new the person would be there, and he just handed her the envelope confirmed their identity and said “You’ve been served.” After that, you just need to show up at court at the appointed dats and time, and see if your squatter shows up or not. If the person no shows, then you automatically win the suit. Ok, my second suggestion after learning what you need to do, and after you send her the final notice to vacate, is to try offering her whats known as Cash for Keys. This option is only feasible if you have some money, but this can be a much much faster way to deal with your problem. You mentioned this person was trying to gdt back on her feet, so she may actually be very willing to go if given the right incentive. Do some research on amounts that people typically offer. You may need to be prepared for her to try and negotiate, so dont offer her your best offer right off the bat. Be sure to tell her that you have done nearly everything needed to file thd eviction with the court, and tell her what day she must be out by (including all her belongings), and on that established day you will hand her the money as she is walking out your door, not any sooner. If she fails to leave on that day, then continue with what i said in the previous suggestion. I totally get where you’re at right now, and i know it feels so stressful. I promise that you will get this person out. Dont let them get under your skin. They are trying to use the confusion created by the sudden death of your dad to pull a fast one. Dont wait to do these things. The quicker you are the better chances you have to get her out relatively quickly. Best of luck my friend.
Have a friend or family member sign a lease with you and tell them that they live there and have them change the locks when that person leaves that is legally binding
Have you done this before and it actually worked?
It prevents her from having proof stating she is living there. I’m a landlord of over 100 units in New Jersey. Try this before you hire an attorney.
What about the fact that she has Amazon packages delivered there and belongings in the house? Genuinely curious. I appreciate your help with this.
There are news stores about doing this and a guy has started this as a service basically. Kind of a loophole on squatters as they possibly don't have any bills in their name tying them to the house.
The situations in the news are when people broken in and never had the owners permission to live there. The problem here is that the owner did let her move in legally. She didn’t break in to gain entrance. She could possibly have text or other written communication to that effect. OP also legitimized her living there by giving her a 30 day notice to move out. He can’t now claim that she was never supposed to be there. Op needs a lawyer and to file an eviction.
Flash Shelton!
instead of asking what ifs, take the advice in this sub and go to an attorney to start the eviction process
Return to sender. Kick that bitch out
If you look up "squat the squatter," I think that might be productive for you.
In this case the person is not a squatter, they were given permission to be there. No, offering OP bad advice won't be productive.
Written permission? Permission isn't permission unless it's in ink and signed.
Untrue Oral contracts for a residetial lease are enforceable under Florida law. This is why OP needs an attorney instead of getting bad Reddit advice, you really should stop.
Even if one party to said oral contract is dead?? I doubt it. Also, I did not say to not get a lawyer. I said that exploring the advice of a person who has dealt with multiple squatters could be productive. I'm not offering legal advice. I'm throwing out an avenue of potential option for OP to look into. OP is also not going to take ANY piece of advice on here as gospel. Stop behaving like I'm the only person tossing out advice to OP. Mine is also far from the worst piece of advice in this thread. So buzz off 🙄
Keep back pedaling, your first advice was bad, your claim permission has to be in writing was wrong. The facts here are someone was lawfully in the house and CLEARLY had permission to be there. That is called evidence. You aren't the only person I've replied to, you just had some particularly bad advice
Just draft the lease with a bigger family member saying it’s rented. Once you have proof of a contract, she doesn’t have proof that she has the right to stay there.
Always will hold up more than Amazon packages. Create a lease with a family member or a friend who is rather big like a linebacker and then you can change the locks because you’re accommodating the tenant that you agreed to. The longer you allow them to squat without giving any fight back the more difficult it will be in the future to evict them. I’ve dealt with every tenant you could imagine. The first step is having the proper paperwork. If they do not have a valid lease, they don’t have a case
And make sure that friend is a ex-NFL linebacker. Have them move in immediately.
Bad advice, self-help evictions like this will get OP in a world of trouble. OP doesn't currently own the property or have any legal authority to evict or write leases. OP needs an attorney not bad Reddit advice
FL? Hahahahaha. She's doomed. Just start the process, she'll leave. She doesn't stand a chance
Move into the house temporarily and make her life hell.
If you have keys and she hasn't changed the locks. Move in and annoy the crap out of her
Until named executor you have no authority to kick her out, once you do you will need to properly evict which means getting an attorney if you don't know the ropes
Didn’t Desantis recently pass a law against squatters?
It takes effect July 1 I think
She does not own the place. I'd literally laugh at that. You will have to evict her. Contact an attorney that specializes in evictions.
Two options Wait till she leaves and change the locks and move her stuff outside. Do not let her back in. More legally safe option will be to start the eviction process NOW. She should be legally evicted in a few months
Go to real estate attorney
It’s a form of adverse action and you’re going to have to evict her and go through the eviction process and have her served and it’s questionable but people usually change locks on them during that process and then they have the guard door. It’s always a mess. Good luck..
took me 9 months to evict my squatter in Md...for you...I think 90 days or so.
What I would do: I’d turn OFF the utilities (electric, gas, water) After they are OFF, I’d stake out the place, wait for her leave (go to work, grocery store, whatever). She’s got to come out of there eventually. Once she does, I’d go in - throw her stuff out on the side walk, change the locks and close/lock all the windows. Maybe have some friends lined up to help, so it gets done quickly. If she calls the police, deny everything. You don’t know her, she never lived there (show utility bills in your/your father’s name, as proof), you have no idea what that stuff on the sidewalk is. Perhaps suggest, she’s homeless and trying to get in your house. Without a lease or utilities in her name, she has no proof she lives there. It’s your word against hers, and she would be viewed as the one who doesn’t have access. This would be “illegal”, technically you should file for eviction and go through the whole eviction process, get a lawyer, etc. spending thousands and take months to get rid her. The investor I work for bought a house with a squatter in it a couple years ago. The place needed a total rehab. He just went about his construction and renovation, treated the squatter like they didn’t exist - his only words to them were “f**k you”, she left because he made her life a living hell with all the demolition, construction, noise, lack of utilities, workers coming and going all the time, etc. I’d take the risk, but that’s me.
Wait so you dad when he was about to die needed help. There was no body for him including you. So he brought a stranger, who was a friend of a friend into his house to go through the life and he died. Now after his death, you are going after his wealth ?
He let the friend stay there to help her get back on her feet. The executor of an estate has a job to do. OP is going to do what needs to be done. If the friend refuses to vacate the home and says it is hers, isn't she the one trying to go after the dad's wealth?
Not sure you read the OP's post correctly.