Blog Post

The Evolution of Squatters' Rights

Florida PMServices • Apr 12, 2024

A historical Journey in the United States

In the realm of property law, few concepts evoke as much curiosity and controversy as squatters' rights. Often romanticized in literature and folklore, squatters' rights have a rich history deeply intertwined with the expansion and development of the United States. From the colonial era to the present day, the evolution of squatters' rights reflects the nation's changing attitudes towards land ownership, settlement, and justice.

Colonial Origins:

The origins of squatters' rights in the United States can be traced back to the colonial period. In the early days of European settlement, vast swathes of land were claimed by colonial powers, often without regard for the indigenous peoples who inhabited them. As settlers pushed westward, disputes over land ownership became commonplace.

Squatters, individuals who occupied and cultivated land without legal title, played a significant role in the westward expansion. These pioneers often moved onto unclaimed or disputed land, seeking opportunities for a better life. While their actions were technically illegal, the vastness of the frontier and the inefficiency of colonial governments made enforcement difficult.

Homesteading and the Public Domain:

The concept of squatters' rights became more formalized with the passage of the Homestead Act in 1862. This landmark legislation provided settlers with the opportunity to acquire land by living on and improving it for a specified period. By meeting certain requirements, including five years of continuous residence and the cultivation of the land, homesteaders could obtain legal title to their property from the federal government.

The Homestead Act had profound implications for the settlement of the American West. It encouraged thousands of individuals and families to migrate westward in search of land and opportunity. However, it also led to conflicts between homesteaders and existing landholders, as well as clashes with Native American tribes who were forcibly displaced from their ancestral lands.

Adverse Possession:

One of the key legal principles underlying squatters' rights is adverse possession. This doctrine, rooted in English common law, allows individuals to gain ownership of land by occupying it openly, notoriously, and continuously for a specified period, typically ranging from five to twenty years. Adverse possession serves as a means of resolving disputes over land ownership and preventing the waste of valuable resources.

In the United States, the requirements for adverse possession vary from state to state, but they generally include actual possession, exclusivity, openness, and hostility to the true owner's rights. Over time, adverse possession has evolved from a means of acquiring unclaimed land on the frontier to a mechanism for resolving boundary disputes and quieting title to urban properties.

Legal Challenges and Reform:

While squatters' rights have historically served as a means of promoting settlement and development, they have also faced criticism and legal challenges. Critics argue that squatters' rights can lead to the exploitation of vulnerable property owners and the degradation of urban neighborhoods. In response, many states have enacted laws to limit the applicability of adverse possession or to provide additional protections for property owners.

In recent years, there has been growing interest in reforming squatters' rights laws to strike a balance between promoting land use and protecting property rights. Some advocates argue for stricter requirements for adverse possession, while others call for the legalization of squatting as a means of addressing homelessness and housing affordability issues.

Contemporary Issues:

In the modern era, squatters' rights continue to provoke debate and controversy, particularly in urban areas facing gentrification and housing shortages. While some view squatting as a form of activism or resistance against economic inequality, others see it as a threat to private property rights and community stability.

The rise of online platforms and social media has also changed the dynamics of squatting, making it easier for individuals to identify and occupy vacant properties. This has led to new challenges for property owners and law enforcement agencies tasked with addressing illegal occupation.

OPINION

As part of this blog, we interviewed Gaston Reboredo, President of our company Florida Property Management Services LLC. The way he sees today's problem and we quote "The real problem is the abuse of squatters' rights we have seen over the last few years, which has been increasing over the last two decades to reach unprecedented levels. One of the main problems, as I see it, is that in most cases squatters' rights are put over property owners' rights with no equilibrium, no equality".

The history of squatters' rights in the United States is a complex and multifaceted story that reflects the nation's evolving attitudes towards land ownership, settlement, and justice. From the colonial era to the present day, squatters have played a significant role in shaping the American landscape and challenging conventional notions of property rights.

Gaston further explains, " ..and today's squatters are not squatting to cultivate the land as permissible by the Homestead Act of 1862, and they are not squatting Federal Lands looking to under certain conditions obtain title from the Federal Government, as it was done during the westward expansion of our Nation, they are intruders that invade private homes and destroy them in the process, costing millions of dollars in damages to property owners nationwide". and he furthers explains, "this great nation has always been based in the respect to private property, respect to others and there is no valid excuse, no matter how difficult somebody's housing situation may be, to invade other people's property, we have private and governmental institutions that provide shelter, help and guidance to homeless people and families in need. I am a witness to this through my Rotary Club, of which I was President back in 2006, where we partner with several organizations such as the Food Bank, Broward Partnership for the Homeless, Adopt a Family and Family Central, just ti name a few"

Furthermore we are in need of housing like never before in our Country and private investors provide a great deal of rental housing to our population but if unfriendly laws to real estate investment, such as allowing people to invade homes while the property owner goes through a lengthy eviction process to be able to get the property back, do not change, then interest in rental property investment will decline and so available housing. Then the responsibility of providing housing will start to fall in the hands of the government due to the lack of private investment and it has been proven that the government in most cases, does not know how to operate rental properties, the proof is most of the existing housing projects nationwide.

And gaston elaborates further in the matter, " the true role of the government is to provide programs, incentives and regulation for housing and rental investors but not to directly provide or operate housing to the population like it is done, with no success, in socialist or communist societies"

Several States are taking action and our Florida Legislation with total, 100% bi-partisan support and of course the support and initiate of Gov. Ron Di Santis, passed legislation providing property owners with a vehicle to remove unauthorized occupants from their properties but at the same time ensuring legal residents are fully protected.

Protect Citizens, Lawful Residents and Property Owners, we have always been One nation Under God, Indivisible with Liberty and Justice for All

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Renting a Property before Current Tenant Vacates

By Florida PMServices • 12 Apr, 2024

No question that one of the secrets for success in rental investment real estate is to minimize vacancies and turn overs. The longer a tenant stays in a property the better return on the investment. Ideally a tenant will rent a property once and stays there forever, renewing the lease agreement year over year. We all know this would be the goal in a perfect world but we also know is not reality and tenants will someday move out because of job relocations, purchasing a home or many other changes in life. When a tenant gives notice to move out at the end of the lease, most landlords want to put the property on the market right away to avoid or minimize vacant days in between tenants. Especially when the existing tenant is a good tenant that has taken care of the property and behaves professionally. Although this would be ideal that the existing tenants moves out on the last day of the month and the new tenant moves in a couple of days later, we are going to discuss why this is not a good practice and it may work against our investment goals. Here are some issues with trying to market and lease a property while occupied: If the landlord or agent is going to show the property entering the premises with tenant's permission and prior notice, a potential liability is created. You are showing the property basically to strangers that walk around the unit while tenant's personal belongings may be exposed or at an easy reach. What happens if the current tenant calls you later for example, stating that her new expensive gold watch and some jewelry , that was kept inside a drawer in her bedroom, disappeared. Or that the cell phone that he left charging in the kitchen is no longer there after your showed the property yesterday afternoon. Over the years we have heard, and thank God it has never happened to our company, that incidents like this have occurred. Our President, Gaston Reboredo, remembers that back in the early nineties the Realtor Association of Coral Gables (at the time) issued a warning to Realtors that there were two professional thieves posting as a couple wanting to lease expensive homes in the area and while one distracted the agent the other one went through drawers looking and stealing jewelry. So many things can happen and this liability is present when showing occupied units. maybe not the most important issue of the ones we are discussing today but one that must be taken into consideration. If on the contrary the current tenant is present at all showings, then it becomes a logistic problem. How do you show the property during business hours? Most likely your existing lease agreement gives you the ability to show the premises with sufficient notice to the tenant but you cannot force the current tenant to leave work to go to the unit for a showing. Then during the evenings and weekends how many times you bother the tenant? and how many times the tenant is not available at the precise time the prospective tenant wants to see the unit. The existing tenant may be running errands at the requested time of showing and the alternative time offered by the current tenant may not be good for the prospective tenant so the whole matter becomes a logistic nightmare. Let's say the current tenant is always available to show the unit, which is not reality, then another problem arises. Even the best tenant the most organized and clean person in the world when it comes time to moving a process of packing starts, putting things into boxes, stuff and boxes all over the house preparing for move out date. It is not easy to show a property while the current tenant is in the process of preparing to move out and it is very difficult for the property to be properly presented to the prospective tenant and for this prospective tenant to really see the unit and see it as his or her new home. Besides the issues discussed, even if we can deal with the liability stated in item 1 above and we have permission to access the unit at any time, we face another problem. Again even the best tenants that are Mr or Mrs Clean, have to run to work or school in the morning and if we are talking about families now they need to get the kids ready as well, not having enough time to have the premises in the best possible condition for a showing. It is not rare that you arrive to show a property to a prospective tenant and the pots and pans are dirty in the kitchen sink, the smell of a recently cooked meal is all over the place, towels on the bathroom floor and beds not made, not to mention the underwear that was unintentionally left somewhere. And if we are talking about evening showings in the middle of family dinner, kids doing homework or tenants watching TV, who by the way did not have enough time to prepare the home when they got back from work, we are looking at not ideal situations to present a property. Difficult to attract good new residents if the property cannot be showcased professionally and in the proper way. Also if your properties are not properly presented you will not only be wasting time in trying to rent them but your reputation as a landlord in the Realtor and Leasing community will be affected. Then we need to discuss other potential problems that may end up in legal liability to the landlord. Let's discuss a scenario where the current tenant was very cooperative, present at all showings and the home was pristine at every showing. Let's say the current tenant is leaving at the end of the month because of a job relocation out of the City, or another location in the same City, needing to rent a closer unit to the new employment location or because of the purchase of a home for the first time, achieving the dream of homeownership. Then you sign the lease with the new tenant to start the new tenancy during the first few days of the following month after current tenant vacates. What if the new place current tenant is moving to is not ready or the Home Owners Association required approval has not been issued and the move in date has to be delayed and current tenant cannot leave the premises before the start of the new lease with the new resident? what if the closing on the first home is delayed due to the numerous reasons real estate closings are delayed? In both cases current tenant will remain in the premises and yes you may be able to charge double rent by law or by lease agreement but the only way to force the current tenant to vacate is through an eviction process which may take in South Florida 30 to 45 days or more, depending in the area and if it is contested or not by the tenant. Meanwhile you have a contractual agreement with the new tenant to deliver the premises at certain date which now is going to be impossible but the new tenant already gave notice to vacate to that other landlord and is obliged to deliver the premises at the expiration of that rental agreement or face the same liability of double rent, eviction, etc. And it does not stop here, the new tenant may have arranged and paid deposits to move in companies, scheduled utility turn on services, requested mail forwarding, etc. You can see liability, legal costs and problems all over a situation like this, that happens very frequently. These are sonly ome of the problems all landlords face when trying to rent a property while tenant occupied, thinking they will be able to eliminate or significantly reduce the vacant time. In summary, best practices call for avoiding to show properties while rented to existing tenants. Plan properly, have your maintenance team ready to come in as soon as the existing tenant moves out and turn, in a couple of days or so, the property into rent ready condition so you can start marketing it to lease showcasing it in a clean, professional way, to attract good new residents in the shortest possible period of time . A property that is properly exposed to the rental market will rent faster, for more money and to better tenants with the least amount of problems to all parties. At the end you want a good new resident that pays rent on time, takes good care of the property and renews the rental agreement for as lomg as possible reducing the vacancy to the minimum on a long term basis.

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