President’s Message Garry McDonald CSA President As of July 1, 2024, the state of Florida will enact significant changes regarding how the state deals with cases of unauthorized occupancy of residential property. “Squatters” are essentially anyone who inhabits a piece of property or land without the legal right to do so. They can also consist of lawful tenants who refuse to leave a rental property when their lease expires. It is an emerging issue and one about which snowbirds need to be aware. Under the previous Florida legislation, individuals who moved into empty homes without permission from the owners could assert “squatters’ rights” after 30 days of continuous occupancy. While this short time period does not give them the right to ownership of the property, it can effectively create a landlord-tenant relationship with the homeowner, who is then forced to pursue civil remedies to remove their unwanted house guests. Civil disputes can be extremely costly and time-consuming and the last thing any of us wants to deal with. As of July 1, squatting in the state of Florida will now be classified as criminal trespassing. This will allow homeowners who find themselves in this situation to take swift action against those who are illegally occupying their properties. Instead of having to deal with the time and money involved in civil eviction proceedings, homeowners will be able to request law enforcement to immediately remove a squatter from their property if the following conditions are met: ▶ The individual has unlawfully entered and remains on the property; ▶ The individual has been directed to leave the property by the owner but has failed to do so; and ▶ The individual is not a current or former tenant in a legal dispute. The new legislation also creates enhanced penalties for those engaged in squatting. The legislation makes it: ▶ A first-degree misdemeanor for making a false statement in writing to obtain real property or for knowingly and wilfully presenting a falsified document conveying property rights; ▶ A second-degree felony for any person who unlawfully occupies or trespasses in a residential dwelling and who intentionally causes $1,000 or more in damages; and ▶ A first-degree felony for knowingly advertising the sale or rent of a residential property without legal authority or ownership. Although this is encouraging news for those who own property in Florida, Arizona has yet to take similar steps. Democratic Arizona Governor Katie Hobbs recently vetoed a similar bill aimed at strengthening the rights of homeowners, despite the bill receiving overwhelming bipartisan support. What precautions can you take to reduce the chances that you’ll find yourself in a similar situation? Perform regular home property inspections. Owners can hire home watch services to inspect their property when they are away. It’s also a good idea to install security cameras or alarm systems that you can monitor remotely, so that you will be immediately alerted if an unauthorized person enters your home. Squatters are also far more likely to enter a home that looks empty or not lived in, so it’s critical to maintain the exterior of your property while you’re away. Hiring a property management company who can rent your property to a reliable tenant and inspect it on a regular basis is another option. If you already find yourself in this unfortunate situation in Florida, calling local law enforcement is your best option. In other states, it’s still probably a good idea to call the police first and, if nothing can be done, your next call should be to a local lawyer who specializes in landlord and tenant matters. What you never want to do is attempt to directly confront people who have illegally occupied your home. This is a growing problem and, until other states pass legislation similar to what we have seen in Florida, being proactive is the best defence, in my opinion. Thank you to everyone who has already renewed their CSA membership. If you have yet to do so, please take a moment to renew by simply mailing us your renewal notice, visiting our website at www.snowbirds.org or simply by picking up the phone and calling the office. With well over 100,000 members and growing from coast to coast… that’s a number that certainly gets people’s attention when dealing with our elected officials. Have a great and relaxing summer. 10 | www.snowbirds.org
RkJQdWJsaXNoZXIy MzMzNzMx