Jaskalas
Lifer
- Jun 23, 2004
- 33,896
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On this we agree.
In addition, I'd go back to the notion of a verbal agreement and suggest it should have no standing. Whoever they are sending payments to (if anyone) should be heavily investigated.
On this we agree.
In addition, I'd go back to the notion of a verbal agreement and suggest it should have no standing. Whoever they are sending payments to (if anyone) should be heavily investigated.
thraashman
Lifer
- Apr 10, 2000
- 11,103
- 1,550
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It absolutely shouldn't have standing, you're correct. But it's the courts that have to decide that and the owner fears the squatters destroying his place if the courts make that decision.
trenchfoot
Lifer
- Aug 5, 2000
- 14,860
- 7,392
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Here in Hawaii adverse possession laws, instituted by and for the all powerful plantation owners, used those laws to acquire large tracts of land from its previous indigenous owners who were unaware that such laws existed. And when these very same laws were then used in reverse against the plantation owners, the laws were conveniently rescinded, after which imminent domain laws were instituted by the territorial government that was bought and paid for by the plantation owners.
As to the OP, wouldn't it be tragically comedic if the "friend" (former?) of the owner was collecting under the table rent from the squatters?
As to the OP, wouldn't it be tragically comedic if the "friend" (former?) of the owner was collecting under the table rent from the squatters?
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trenchfoot
Lifer
- Aug 5, 2000
- 14,860
- 7,392
- 136
Interesting point. Can an individual successfully employ castle doctrine shooting their way into their home rather than defending it from the inside? The point being, the home owner is not in imminent danger or duress standing outside the property boundaries and the ability to call the authorities to take care of the matter is readily available.
Jimzz
Diamond Member
- Oct 23, 2012
- 4,399
- 190
- 106
They are leaving but I was right...
http://www.counton2.com/story/25320...chey-soldier-dealing-with-suspected-squatters
"Ortiz claims he has a verbal agreement with a friend of a soldier to fix up the home in exchange for living there rent free."
He told the cops he had an agreement to live there so that is why they could not throw him out; he has/had right as most renters do.
http://www.counton2.com/story/25320...chey-soldier-dealing-with-suspected-squatters
"Ortiz claims he has a verbal agreement with a friend of a soldier to fix up the home in exchange for living there rent free."
He told the cops he had an agreement to live there so that is why they could not throw him out; he has/had right as most renters do.
But they could just make that shit up.
It seems insane to suggest someone could break into a vacant home, especially one of a deployed soldier, and just 'say' they have an agreement.
I would personally show up to the house, break in, and say 'this is my house. I'm staying here now'.
Jimzz
Diamond Member
- Oct 23, 2012
- 4,399
- 190
- 106
From what I have read the person who was watching the house let them in to do work. They came back and just stayed after the repairs.
Since they had permission once to come in now its a he said he said so the police do not want to get involved since that would be a civil matter the court have to decide.
But I think they, the trespassers, have got so much heat they know its time to get out sooner than later. That and the guy has a long rap sheet.
Jimzz
Diamond Member
- Oct 23, 2012
- 4,399
- 190
- 106
This is not a FL thing, it would go down the same way in most states.
If you lost your copy of the lease and the landlord called the cops on you would you be ok with the police throwing you out? That's basically what was going on here. Also it has come out that the person watching the house let them in the first place. So that muddies it up even more.
OutHouse
Lifer
- Jun 5, 2000
- 36,410
- 616
- 126
So you would be okay with someone breaking into your house while you are on vacation and changing the locks and then claiming that you leased your house to them?
Jimzz
Diamond Member
- Oct 23, 2012
- 4,399
- 190
- 106
So you would be okay with someone breaking into your house while you are on vacation and changing the locks and then claiming that you leased your house to them?
The FULL story is the friend watching the house hired him to do repairs but just moved in. He did not break in from what I have pieced to together.
No I would not like that to happen but I also do not give keys or any legal rights to others to my house either.
If the person broke in then the person watching it should have called the cops. In this case they did not and they were able to live there long enough to setup residence. So your version and what happened here are 2 different things.
OutHouse
Lifer
- Jun 5, 2000
- 36,410
- 616
- 126
you would if you were stationed in Hawaii with your wife and then got deployed for 2 years.
his friend fucked him.
While I could certainly understand anyone's frustration with a story like this, do any of you really want a country sheriff making a decision about ownership rights on someones doorstep, as opposed to a court that is equipped to properly evaluate such things? When a squatter knows they shouldn't be there and is bold enough to attempt to defend their occupancy, this is just the inconvenience we have to deal with in a lawful society.
Why is that detail relevant? The squatter can easily lie about how they got in. And I don't see how being hired to do repairs in anyway means you get to move in.
Why does the length of time matter for your posed question. Length of residence is something that would have to be established in court
I guess you didn't really read the full story. You know, the one in the OP where the woman states that the contractor was never left alone in the house during the time he was authorized to work on the home and that he had "moved in" unbeknownst to her after his work was already complete.
MongGrel
Lifer
- Dec 3, 2013
- 38,466
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They have more or less, cases like this are the type of things "8 on your side" get involved in down here.
Appears they are moving out but some for the residency laws can be odd.
The friend made the mistake of allowing them in there in the first place it kinda sounds.
Still it is a court matter, though it seems some of the veterans groups down here are leaning on em a bit.
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Subyman
Moderator <br> VC&G Forum
- Mar 18, 2005
- 7,876
- 32
- 86
I don't think paying the bills is defending your property. Defending it is calling the police and making sure people don't squat long term, otherwise the squatters active certain protections within the law. It sucks and IMO, these laws need to be changed. You need to make sure you have people looking after your home while you are away it seems.
MongGrel
Lifer
- Dec 3, 2013
- 38,466
- 3,067
- 121
Ya never know.
The sheriffs department might even stand off to the side and whistle a bit and the TV turn off the camera for a bit in some cases.
Not really but I'm sure they become nervous enough to haul ass.
Heh.
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rudder
Lifer
- Nov 9, 2000
- 19,441
- 86
- 91
Then any landlord pissed off at tenants can call 911 and claim the people are trespassing. It sucks but the soldier cannot prove to the sheriff that these people broke in. This crap happens quite a bit. I have seen a case around here where the homeowners were gone for 3 weeks and someone rented their house to illegals... the homeowners could not get them kicked out.
If this happened to me I would probably end up in jail.
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