Eviction / COVID Question / Help (1 Viewer)

Waymer

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So long story short.

A family member and her family have lived rent free in a home that my family owns. There is no formal agreement since no rent is exchanged.

It has been rent free for +/- 18 months. At that time, we gave them notice they would have to move out come March 31, 2021 (originally we had said December 31, 2020 but didn't want to make them move during Christmas).

Long story short, they informed us today that they are refusing to move out of the house.

So what are my family's options? Initially I thought we couldn't kick them out because of Covid/Eviction rules, but it appears maybe March 31 we could regardless? And even then there is a process (this is in Florida): https://www.trls.org/what-florida-r... Moratorium stops,tenant until MARCH 31, 2021.

Likewise someone told me that since we have no lease and we own the house, we could just flat out change the locks and put their stuff at the curb.

Now all this being said, we don't want to be a bad guy. We've even offered to put them up in a hotel for a bit until they find a place. But the crux of the issue is that we do have a person scheduled to move in April 2nd.

Any thoughts?
 
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It plays well to the Facebook crowd as you can imagine.

I drove by last night after the Saints pick and there was more stuff at the street and lights were on light, as if they were working in the house. I think there is full intention of being gone by midnight tonight. Now we'll see if it actually happen. We sent notice to them today as recommended by our lawyer, so we'll see.

They're finishing ripping out the copper in the walls. ;)
 
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Waymer

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They're finishing ripping out the copper in the walls. ;)
Oh you better believe I thought of that. We had a photographer go over a few weeks ago with a police officer and document as much as we could.
 

Denzien

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Healthcare should be a basic right - that doesn’t mean I have a right to your diabetes medicine

I am saying there should not be homelessness- from my POV bc it’s the human thing to do to provide basic shelter to other humans
From a political/financial POV, bc providing shelter is ultimately cheaper than trying to fix the problems homelessness and rent gouging once they’re out of control

You're describing positive rights or entitlements, which requires action and resources from others.

A positive right is an obligation by others to provide some benefit to the rights holder. A right is a correlative of a wrong, so if one has a right to something it means that it is wrong or unlawful for others to negate that right or to not provide some benefit.

So if shelter is a to be considered a 'basic right', then you're saying that shelter must be provided at someone else's expense - and that it's unlawful to not provide such a service [to someone seeking it].
In this case, if someone is squatting on your property and receiving shelter and evicting them means they will have no shelter, it is then unlawful to evict them. Which is exactly what we're seeing in California.

So this takes me back to my original question - how does a 'basic right' to shelter reconcile with property rights?
 
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Oh you better believe I thought of that. We had a photographer go over a few weeks ago with a police officer and document as much as we could.

Prayers for ya. I rented to family for a few years. It was absolutely horrible. We had to remodel basically the entire house to sell it. Luckily, it was a smaller shotgun house. They paid me (barely) and I was charging them my mortgage on it. I went one day and found the floor to have a hole in the bathroom from a water leak they decided to never tell me about. Never again...
 

guidomerkinsrules

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You're describing positive rights or entitlements, which requires action and resources from others.



So if shelter is a to be considered a 'basic right', then you're saying that shelter must be provided at someone else's expense - and that it's unlawful to not provide such a service [to someone seeking it].
In this case, if someone is squatting on your property and receiving shelter and evicting them means they will have no shelter, it is then unlawful to evict them. Which is exactly what we're seeing in California.

So this takes me back to my original question - how does a 'basic right' to shelter reconcile with property rights?
You’re doing a bunch of rhetorical gymnastics to land on an argument I’m nowhere close to making
I am not arguing that an individual property owner has a legal obligation to provide shelter to any individual who asks for it
That’s just silly
BUT if housing doesn’t improve, no one should be surprised when people squat in abandoned properties
AND the govt should step in now to maybe develop programs to buy up abandoned bldgs (esp commercial ones) at fair market (not inflated market) value and provide housing
Again, from my POV that’s the human thing to do - from the govt POV it staves off or at least delays the revolution
 

Denzien

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You’re doing a bunch of rhetorical gymnastics to land on an argument I’m nowhere close to making
I am not arguing that an individual property owner has a legal obligation to provide shelter to any individual who asks for it
That’s just silly
BUT if housing doesn’t improve, no one should be surprised when people squat in abandoned properties
AND the govt should step in now to maybe develop programs to buy up abandoned bldgs (esp commercial ones) at fair market (not inflated market) value and provide housing
Again, from my POV that’s the human thing to do - from the govt POV it staves off or at least delays the revolution
What you're describing is not a right.
 
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Waymer

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It can’t just be that simple. They told us last night they aren’t able to be out yet. So come Monday we will move forward and they will get a summons.

We know they are leaving. They are packing, have a uhaul there (for days), and posted on Facebook (that others sent us) that they found a place. But fool me once, shame on me...it’s not happening again, and maybe I’m a bad person for still going thru with the summons and judgement for eviction, but I am.
 

guidomerkinsrules

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It can’t just be that simple. They told us last night they aren’t able to be out yet. So come Monday we will move forward and they will get a summons.

We know they are leaving. They are packing, have a uhaul there (for days), and posted on Facebook (that others sent us) that they found a place. But fool me once, shame on me...it’s not happening again, and maybe I’m a bad person for still going thru with the summons and judgement for eviction, but I am.
Nah, you’re like Job over here
You have gone above and beyond
 

DaveXA

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It can’t just be that simple. They told us last night they aren’t able to be out yet. So come Monday we will move forward and they will get a summons.

We know they are leaving. They are packing, have a uhaul there (for days), and posted on Facebook (that others sent us) that they found a place. But fool me once, shame on me...it’s not happening again, and maybe I’m a bad person for still going thru with the summons and judgement for eviction, but I am.
You've done all you can. I wouldn't sweat it tbh. Just do what you gotta do and let the chips fall where they may.
 

superchuck500

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It can’t just be that simple. They told us last night they aren’t able to be out yet. So come Monday we will move forward and they will get a summons.

We know they are leaving. They are packing, have a uhaul there (for days), and posted on Facebook (that others sent us) that they found a place. But fool me once, shame on me...it’s not happening again, and maybe I’m a bad person for still going thru with the summons and judgement for eviction, but I am.

You’re right, but maybe wait til Tuesday.
 
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Waymer

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I would wait until Tuesday if the poor future tenant wasn’t sleeping on a hardwood floor with a sleeping bag. They’re really the ones who have been screwed.
 

DaveXA

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I would wait until Tuesday if the poor future tenant wasn’t sleeping on a hardwood floor with a sleeping bag. They’re really the ones who have been screwed.

Actually, I wouldn't wait in that situation. I'd feel more obligated to the new tenants than the current ones. But jmho.
 

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