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Not so easy to squat in Florida anymore

Not so easy to squat in Florida anymore

There are some portions of our legal system that just do not seem right.  I still am dumbfounded by the fact that folks steal and sell a person’s home – or borrow against it — without their knowledge and get away with it.  That does not seem right.

In another real estate matter, homeowners have been frustrated and damaged by squatters who take over a person’s home and refuse to leave.  There are several types of squatters. Those who literally and illegally break into a person’s home and refuse to leave.  Others are non-related people who may have been invited to stay in the home but are no longer welcomed.  Others are renters who cease paying the rent – or even folks who stop paying the mortgage.  (FYI, the mortgage holder is the actual owner.  They hold titles.)

Florida has passed a law to address most of these issues.

For the sake of brevity, I will not go into the multitude of examples of the problem.  They are horrific – and there are scores of them easily found by a quick Internet search.  Let us just stipulate that it is a very big problem.

The problem has become so huge that it has created a market for companies that can be hired to “encourage” squatters to leave the premises they illegally occupy.  In some cases, the squat-busters move in with the squatter and make their lives something between uncomfortable and miserable.

It makes no sense that a homeowner should have no power over a person seizing ownership – or borrowing against the equity – of a home they do not own.  Or from people residing in a home without authority. 

The solution is simple – theoretically.  The homeowner asks the person to leave.  If they do not, they call the local sheriff and file a criminal trespassing charge.  After an immediate assessment of the facts, the squatters are told to leave.  If they do not leave, they are arrested and physically removed.  The entire process should not take more than a day or two.

If an abusive spouse can be arrested and removed on the spot … or if a burglar can be arrested and removed immediately — why not the abusive squatter?

What cockamamie laws shift the constitutional property rights from the owner to the squatter?  Weeell … the laws come under headings like “squatter rights” and “adverse possession.”  The latter is a legal concept that enables a person to gain control of someone else’s property by squatting openly and continuously without the owner’s permission. There is often an established time requirement.

The manner in which laws are written and enforced can lead to long, even years, of litigation to have an unwanted squatter removed.  Laws like breaking and entering, fraud, forgery, vandalism and theft are rarely enforced in such cases.

Squatters are smart.  They know the laws.  They know that to get evicted, the owner will have to spend huge amounts of money on lawyers and court costs – while losing even more from rent, the inability to sell the property and the loss of their own use. Owners are still required to pay mortgages, utilities, etc.  In many cases, owners simply pay large sums of money to the squatters to get them to leave.

So, who supports the laws and procedures that enable squatting in defiance of a person’s constitutional rights?  Who champions the false theory of “squatter rights.” 

If you think that it must be those folks on the far left, you are right.  For them it is not a matter of constitutional rights, but their generally perceived conflict between the “haves” and the “have nots.” 

The pro-squatter coalition includes leftwing politicians and political activists.  They claim that property ownership should not take precedence over alleged “human rights.”  It is a matter of “social justice” – and other terms that obfuscate the facts and arbitrarily create “rights” that do not exist under the law.  In fact, it is a violation of the legitimate rights of homeowners and landlords. 

These are the same folks who have created the homeless crisis that is plaguing major cities while doing little to help the homeless – and the same people who advocate for criminals as victims.

Florida has recently passed a law that reinstates the rights of homeowners.  It provides for the immediate removal of anyone who does not possess a lease on the property from the owner – with additional penalties for producing a fraudulent lease.  It also adds criminal penalties for fraudulently acquiring, selling or leasing the personal property of another person.

That seems logical.  One can only wonder why that has not been the case or the practice for so many years.

This is just another reason why so many folks are moving to Florida.

So, there ‘tis.

About The Author

Larry Horist

So,there‘tis… The opinions, perspectives and analyses of Larry Horist Larry Horist is a businessman, conservative writer and political strategist with an extensive background in economics and public policy. Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. He has testified as an expert witness before numerous legislative bodies, including the U. S. Congress. Horist has lectured and taught courses at numerous colleges and universities, including Harvard, Northwestern, DePaul universities, Hope College and his alma mater, Knox College. He has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. Horist was a one-time candidate for mayor of Chicago and served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. An award-winning debater, his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation. He is praised by readers for his style, substance and sense of humor. According to one reader, Horist is the “new Charles Krauthammer.” He is actively semi-retired in Boca Raton, Florida where he devotes his time to writing. So, there ‘tis is Horist’s signature sign off.

18 Comments

  1. Rick

    Sadly, may people are also leaving Florida because it is so expensive to live here. Because of fraud that has been allowed to be gotten away with; mostly. It was and is roofers, lawyers, other contractors and insurance companies. After the last big hurricane, even if a home owners roof only needed a few tiles replaced, the greed of roofing companies told the home owners that they could get them a whole new roof. If the insurance company said no, your roof just needs some repairs, the greedy lawyers were called into the situation and on and on. Everyone got free new roofs from the insurance companies. Now home insurance cost is through the roof – no pun intended. Many condo buildings are old and in disrepair because they have not been properly maintained: especially the Highrise condos near the salt water. People will be getting hit with massive bills for repairs and in some cases it would be more cost effective to take the building down and start over. It is a huge problem.

    Reply
    • larry Horist

      Rick … You are not wrong about residential insurance rates. Insurance companies are requiring newer roofs or lose coverage. And the rates are skyrocketing.

      Reply
  2. FRANK STETSON

    I read the news today, oh boy, and I just figured Horist was to regale us about the problems of aging in Florida. I can still squat, but I groan a lot getting up.

    Horist humor alert, this one got me started today, right after I cleaned up that coffee spew after reading Horist’s :
    “For the sake of brevity, I will not go into the multitude of examples of the problem. They are horrific – and there are scores of them easily founds by a quick Internet search. Let us just stipulate that it is a very big problem.” Really, “let us just stipulate…..” Sure, let us. Stipulate. God has spoken…

    I can come up with horrific examples of measles in Florida, scores of them, but that does not seem to be a problem down there. Matter of fact, their covid denying, vaccine hiding, sturgeon general says measal kids OK to go to school, so Florida has far fewer problems due to ignoring them. How about kids killed by other kids with guns? Or gators? Horiffic examples so must be everywhere? Come on, would you ever buy that bridge? Really Horist, tell the truth, come out of your closet. If you read that on any topic, would you say, “sure, must be true, I gotta protect myself against that?

    Show us the number, show us the statistic, what drove this law —– reality or some anectdotes that give DeSanctimonious great press coverage? (actually, this came from representatives, so I exagerate a bit, but I did stipulate that…….must be true).

    I am sure there are many behind in rent, behind in mortgages, more in Florida, but really, how many and are they squatters? Pretty simple question. As to illegal squatting, it does seem to be a big problem, but I can’t find an estimate. I am guessing that’s why Horist punted the way he did and will not come up with one either.

    FYI: as currently written, IMO, the bill might be OK depending on how they enforce. The orginal bill sucked dog dicks in hell in that it treated renters and those behind on their mortgages the same as a stranger illegally camping, i.e. trespassing, on your property. Change the rental, mortgage, and bankruptcy laws if you don’t like that aspect. Thank godness they walked that ugly part back.

    But, once again, show us the beef Horist, inquiring minds want to know.

    Reply
    • Americafirst

      So glad to know that you know all of our laws down here in Florida. You actually managed to make us think Florida is the God-awful place to live. There have been very few cases of kids being eaten by gators but there are many cases of adults being eaten by them. A Google search will tell you that. Also, how in the H did you come up with items to lie about that was not even in Horist’s thoughts? You just had to show again how hateful you really are by inserting things not even in the article, didn’t you? You don’t even live in Florida, by what you said in your lies above. I am, though, inviting you to come down her in gator land to my house but you will have to feed my pet alligators! It will be a happier world with that!

      Reply
    • Jim wampler

      Your mind doesn’t apply. Stupidity can’t be fixed

      Reply
      • Jim wampler

        Meant for frank

        Reply
  3. FRANK STETSON

    I read yesterday’s NY Post story about a TikTok clip encouraging illegals and asylees to seize unused property and invoke squatters’ rights. For example, in NY, if you live in unoccupied real estate for 30 days, you can invoke squatters’ rights and then the owner must comply with all sorts of red tape to evict you. Before 30 days, it’s trespassing. Squatting has been all over the media limelight lately, works well with immigrants poisoning our blood fears. I mean flash mob shoplifting already got it’s 15 minutes of fear…..

    The Horist icing: “In some cases, the squat-busters move in with the squatter and make their lives something between uncomfortable and miserable.” Bwhaaaaat? OK, on that one, let’s get some examples, I gotta have me some more of that….
    FEAR LOATHING HATRED. Horist depends on those to make you believe his old man thinking in old ways harkening back to his old days in Mayberry. Creates mythical beasts coming to torment you. This time it’s squatters, in some cases, strangers that come to live with you……and stay awhile, then stay forever…… Look, there’s an immigrant telling other immigrants to squat, oh my. In the 30’s we called it Hooverville, named for the proud Republican who created it. In the 1800’s, we called it the California gold rush.

    Oh my.

    All 50 states have different squatting laws, and rights. These laws came to us from England from old grievances and old ideas. States have different laws, each state enforces them differently too. Basically, a squatter squats, a trespasser trespasses. Squatters should not be confused with trespassers. Trespassers break into the property through an illegal entry and do not have utilities, furniture or any form of a prior lease. Trespassers can be removed for violation of local loitering or trespassing laws. Most often, squatters are renters who stop paying rent or owners who stop paying mortgages. However, one can also claim to be a squatter if one meets the State time frame, under law, and then formal eviction laws come into effect. Time farma is the key point from 30 days in NYC to 30 years in NJ. Florida voided those laws for those without a lease (paid up or not) to allow immediate eviction. Good law IMO. The initial law said those not paying, but added the lease part to get it passed. Great new law. What they did basically is to allow evictions without a court order. Let’s move on.

    In States that have squatters’ rights, once the time limit has been met, even if they never owned, rented, whatever, the owner must comply with eviction laws to remove. But it’s the time limit: in NJ it takes 30 years to become a squatter so we basically have had the Florida law unless you let 30 years go by before calling the police. Here’s what it takes to be a squatter in every State: * https://worldpopulationreview.com/state-rankings/squatters-rights-by-state*

    Not really sure why Horist needs all the FUD. And I am pretty sure he can’t come up with statistics to show how bad the problem really is, but can find many anecdotes of people affected. The real question is if Florida is such a great place, why did it take so long to come up with this? NJ’s been covered forever.

    Reply
  4. Harold blankenship

    Why should anyone ever be allowed to move onto people’s property and claim rights of any kind? Don’t try that shit with me. I would only ask one time for the squatters to leave. Like will erase DNA. And I have plenty of burial grounds. That shit had to come from socialism

    Reply
    • Harold blankenship

      Meant to say lime

      Reply
      • FRANK STETSON

        HB: Good to know that you have planned, or already accomplished, MURDER. The DNA part is priceless. Of course, if using your real name here, well, that’s not as smart.

        And “this shit” comes from England, it’s a law we took from them as noted above.

        The concept is to cover folks being back on rent or mortgage to not be immediately tossed by jerk-offs like you, or the law, and instead be tossed using the laws established for that. As a landlored or mortgage broker, that’s a cost of doing business you need to incorporate. Given your attitude, these are not businesses I suggest you enter.

        For those trespassing, in most States you are just that, an illegal trespasser than can be removed by law, until and unless you can prove you have been in residence for a legally defined period of time that would then establish you with the same rights as a renter or mortgage owner. ITS THE LAW. However, in most States, that time period is log, like 30 years in NJ. I think it was 7 in FL. What the FL law does is take the court out of the loop for squatters BUT not for renters or mortgage holders in arrears. They would still use the FL court process to evict those scofflaws.

        Reply
        • Harold blankenship

          Us jerkoffs ain’t willing to have our property stolen by deadbeats. I’ve worked hard for what I have and it’s going to stay mine until I die. And then maybe a piece of shit democrat can have it. And yes I use my real name. Why not. And I live in Alabama. Anymore questions?

          Reply
  5. FRANK STETSON

    HB: Not sure why you are all worked up. You seem a tad emotional. Really not sure whey you think Democrats would ever come to your land, pretty sure they will be hard pressed to even come to your State. For what? With only 35% of Alabama being Democrat, the overwhelming majority of those being black, sort of restricts which Democrats, if any, want to be in your State. At least if they want to associated anyone with things in common. Which I am sure you applaud. That’s OK. Amazingly there are plenty of places we can spend our time and money right next door to you.

    On the topic though, again, you seem to have your knickers all knotted up over nothing. The story is about Florida, and while Horist inflates this to national proportions for FUD effect, in Alabama, like NJ, you have little to fear. Without a mortgage or rental aggreement, it takes 20 years of squatter habitation to avoid the trespass law in Alabama. If you are behind in either rent or mortgage, a simple notice and in 7 days, you can start the eviction process. You guys are pretty fast down there and I am sure trespass laws are pretty effective too. I think you are pretty safe.

    Funny note: at Disney one year, chat up a younger couple, just married, seem just as normal as us, no heavy accent, political or other ideas, just nice. They were born n bred in Alabama. We said cool and started looking at the Gulf Coast there just because they were so cool (and we thought we could get a deal in AL). Well, the coast is not Alabama any more —- oh my, those were some high prices, even a mile back from the beach. Alabama may have a low COLA but can’t tell it at the coast. Well, you’ve ruined that dream now, I don’t want to be murdered just because I stumbled across a property line :>) Just kidding, they were very nice, made us feel right at home, but area too expensive for me.

    Funnier note: I don’t care about your name which is pretty common from there to Georgia and beyond. I just said, and it’s for anyone, anywhere on the web, “if using your real name here, well, that’s not as smart.” With your name and now State, it’s pretty easy to narrow down the possibilities IF one wanted to do so. I just recommend being anonymous to anyone, no matter how remote or well protected they feel. Same way I suggest you lock your doors at night or in the car when parking. Or in your case, bending over while in the Safeway lest they go Trippe on your ass. (just kidding, chillax, that’s GA/SC).

    Funniest note: speaking of locked doors, when young, we all worked construction and got great deals on homes so, basically we lived ina a row of brand new townhouses all owned by construction guys. The druggies would walk the backs of townhomes, look for an open back door, come in, crawl into your bedroom while you were asleep and rob you. Brilliant plan, what can go wrong with that? They hit two doors down, tied the guy up, put him in the bathroom and then he though they were trifling with wife, adrenilne rush, bursts free, grabs one, the other is out front with the TV, front door is still locked, he bangs but then has to go two doors up, around the back and two doors down to be in the basement of a two story…. Meanwhile, our hero puts the guy out the second story window (we worked construction, remember) and literally pulls him back in before he falls. Cops were there by then. So yeah, lock those doors, don’t advertise your name and address on the internet, and don’t walk across my clean kitchen floors with your Alabama muddy boots.

    We used extra firewall when building our custom townhomes and none of the neighbors heard a thing, even the cops banging about….

    So, rest assured, the chance of you getting a squatter is thin, if you do, Alabama laws protect you, and you really dont have to announce, under your real name, that you plan to murder anyone, soak them in lie, wash off with clorox and then bury them in your known burial ground. That’s just a risk not worth taking. IMO, I think you should be more concerned about the next hurricane or cyclone that sets a new record. And thanks for the memories of Disney and my youth.

    Reply
    • Jim wampler

      Disney is a fag organization And I’m from Ohio

      Reply
      • FRANK STETSON

        Thanks for the info Mr. Wampler……. What exactly IS a fag organization? And is there something wrong with that?

        So, I am watching one of those “terrible sports team gets better with failed coach,” movies, by Disney, about Amer. Samoa soccer team that got a 31-0 game, and not the 31 side and their chair-throwing ex-pro coach. One of the team members is trans, and the coach goes all Wampler on the deal. It’s explained how Samoan’s treat trans like flowers to be enjoyed and cherished for who they are, not shunned or Wamplered.

        She became captain, she played league soccer because antomically a male, they not only scored a goal, they won (and then lost the next one soundly), the coach was redeemed and stayed forever, and she led a great life. Disney made a great movie and the trans portrayal was one of a person as normal as you and I except a little different, as we all are. The best part is a portrayl of a person who I am pretty sure not one PBP-er could hate, or fear. Certainly Samoans don’t. The coach did not. The league did not. The other team, well, OK, they made some fun. But then she scored a goal.

        And then I thought —- hey, the Rock is Samoan. He makes Disney movies too, a lot of them. So, Wample, tell it to the Rock. Go on….

        “fags,” “trans,” and you — what do you have in comon. You are all human under God’s light. People are people, some are nice, some are not, some are dicks like you. But I say take em as you find em, judge them on words and actions, more so on the actions. I am hoping your actions treat all as equals for that is right, that is Christian, that is the law. The same law that allows you to be the dick that you seem to be, based on your words.

        Reply
        • FRANK STETSON

          And again, Mr. Wampler from Ohio, as I mentioned to Blakenshit from Alabama, probably best to go anonymous and not give out your name and address. Especially in your neck of the woods. (this is where you tell us how tough and prepared you are and then I respond —- it’s not me I am talking about……)

          Reply
          • larry Horist

            Frank Stetson … Another pejorative name change from the man who hypocritically complains about others who engage in such ignorant vulgarities — and even those who do not? I suppose you are just too old and too obsessed with your online bickering to grow up. Given all you write on PBP, I cannot imagine that you have much of a real life. Did you ever stop to think and realize that NO ONE writes more rambling off-subject words — that are arguably less read — on PBP than you. LOL And all I can imagine you achieve is some level of personal self-worth.

          • Jim wampler

            I am tough and prepared. And to answer your question, yes, there’s plenty wrong with being queer. About squatters, why don’t they buy their own place or rent like normal people? Or is it ok to take from hard working land and home owners? Typical democrats. Now illegal wetbacks are being instructed to squat in people’s houses. And don’t think that the federal government will have our backs as long as retard is stinking up the White House. And I don’t know if the rock is queer. If I were an actor I would appear in Disney productions. Just don’t ask me to bend over for goofy. lol.

          • FRANK STETSON

            heh, heh, they always claim how tough and ready they are.

            most “squatters’ do have their own place, rental or owned, but are behind in payments. as i stated, those folks get the legal treatment for that.

            squatters without ownership/lease are trespassers until the legal time limit expires, most likely that time limit is decades, FL was unique at 7 years. at that point, the squatter falls under the legal treatment for owner/renter under the law. we don’t even know who “they” are or how many “they’s” there are. Neither Hoirst nor I have a statistic and given you head is so far up your ass, I know you don’t fucking have a clue either. Just that you are afraid of the wetback hoard so you huff and you puff and you talk about bending over for a cartoon character. Freaky guy.

            you are free to do whatever you like. we are a nation of laws. if you break one, prepare to face those consquences. and by all means, be tough, be ready, the cops need practice. By all means, get violent, it becomes you.

            the tape is not for illegal wetbacks, it’s just a tape, on the internet, where they tell you to do many things you shouldn’t or you can’t.

            and what do Democrats have to do with this you dumb fuck? Why do you have such a hard on to hate, why are you so afraid, so paranoid, such a weenie. I would think you would be a little more compassionate to the gay community. I mean, look at that dog —- it’t got gay man’s dog written all over it.

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