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Old 05-10-2012, 09:13 PM
 
Location: Near Nashville TN
7,201 posts, read 12,602,035 times
Reputation: 5394

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Quote:
Originally Posted by dontaskwhy View Post
With all due respect, that is very bad advice. My suggestions were based on two major factors: my experience as a realtor and advice of law enforcement. Not sure why you think the OP can violate Florida real estate law. While I agree the OP is being taken advantage of by his deadbeat relatives, but at least provide real, constructive advice instead of a knee-jerk reaction to a problem.
Since when is it against the law to have the electric and water shut off at your property? I had to resort to just this same thing when I had a room mate who would not move out. A parasite I couldn't get rid of. I got the order of eviction and the moocher was soon gone.

Quote:
What is the basis of your advice to the OP? The OP could speak with an attorney or paralegal about the issue for advice at little or no cost to resolve the situation. Don't forget the old saying, "Possession is 9/10 of the law". Florida law generally favors the person living in the home much more than the homeowner. It sucks, but it is true.
That applies almost everywhere. But the law doesn't FORCE the property owner to PAY their electric, water, cable etc. I went and lived with a friend in town, had everything shut off, got the order of eviction and she got 30 days to move out. She moved faster with no utilities, no phone, no heat etc.

Quote:
As per shutting off the electric/water, I did that and the person living at the my deceased father's home turned it on in their name and I could do nothing to prevent them from doing so. A good friend who was a police officer warned me afterward that the squatter could have come after me legally.
That makes no sense. No one is required by law to pay the utilities of a squatter, moocher. Police officers can be wrong about a lot of things, but I wont get into that now. BTW, it was a TN police officer who suggested I turn everything off and get the order of eviction. As I said, the moocher was gone in less than 30 days.
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Old 05-10-2012, 09:16 PM
 
Location: Near Nashville TN
7,201 posts, read 12,602,035 times
Reputation: 5394
Quote:
Originally Posted by dontaskwhy View Post
Just as an update, I spoke with an acquaintance who owns a large Central Florida property management company yesterday. She confirmed exactly what I mentioned about shutting off utilities, don't do it. Phone and/or internet is not an issue but electric/water is off-limits and could get the OP in legal trouble for doing so.

Just to clarify, I am not an attorney and I am not pretending to be one.
So now FL forces people to pay the bills of people who refuse to leave someone elses home? FL forces you to support them? Why didn't you ask this property manager WHY FL has such a law?

There is no law against getting order of evictions either. In FL or anywhere else.
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Old 05-10-2012, 09:20 PM
 
Location: Near Nashville TN
7,201 posts, read 12,602,035 times
Reputation: 5394
Quote:
Originally Posted by yamahastar View Post
If they are on probation, one call to their PO's can get them out of your house.
You have options, but seem too anxious to act on them. Your brothers seem to be banking on that.
And she's discouraged by people posting stuff here that may or may not be true. I live in TN and was not required by law to pay the moocher's electric and water bills. I never even heard of such a thing in a case like this. If she rented a house to tenants, she had rental units, that will be different but this is her home and they will not leave... whether she continues to let them use her or not, she needs to go get an order to evict or whatever FL calls it.
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Old 05-10-2012, 09:25 PM
 
Location: Rockwall
678 posts, read 1,356,907 times
Reputation: 1123
In Texas- a renter can press charges a landlord if they become ill or have losses due to utilities being cut off. It sucks, I know.

Why won't your Dad go get them out? Do you own a shotgun?
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Old 05-11-2012, 11:52 AM
 
Location: Ocala, FL
4,056 posts, read 6,801,479 times
Reputation: 3869
Quote:
Originally Posted by =^..^= View Post
So now FL forces people to pay the bills of people who refuse to leave someone elses home? FL forces you to support them? Why didn't you ask this property manager WHY FL has such a law?

There is no law against getting order of evictions either. In FL or anywhere else.
Where did I say anywhere that the OP had to pay the utility bills ?? I will give you a hint, I NEVER SAID THAT!!! I only advised him not to call and shut them off.
There is a complex method to evict someone from a home, I challenge anybody who thinks otherwise to speak with law enforcement before assuming otherwise.
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Old 05-11-2012, 12:24 PM
 
Location: Ocala, FL
4,056 posts, read 6,801,479 times
Reputation: 3869
This is from the following source: Floridas' Landlord/Tenant Law

LANDLORDS CAN'T JUST THROW YOU OUT!

* Only a judge can order you evicted, and only the Sheriff can put you out of your
home! (See "EVICTION" feature)

* Florida law does not allow a landlord to force a tenant out by:


1. Shutting off the utilities or interrupting service, even if the service is in the
landlord's name.

2. Changing the locks or using a device that denies the tenant access.
3. Removing the outside doors, locks, roof, walls or windows (except for
purposes of maintenance, repair or replacement).
4. Removing the tenant's personal property from the dwelling unit unless
action is taken after surrender, abandonment or a lawful eviction.

* A landlord may not evict a tenant solely in retaliation for the tenant

complaining to a governmental agency about a code violation, joining or
establishing a tenant's "union" or similar organization, or asserting other
tenant rights.

* If any of these occur, the tenant may sue for actual and consequential damages

or three month's rent, whichever is greater, plus court costs and attorney's fees.



Pay close attention to section that is in bold/underlined. I didn't make this up, it is Florida law.
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Old 05-11-2012, 04:08 PM
 
Location: Ocala, FL
4,056 posts, read 6,801,479 times
Reputation: 3869
In addition to the above information, this is a direct link to the Florida statute: Statutes & Constitution :View Statutes : Online Sunshine

In the future, don't make assumptions that you can't back up.
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Old 05-11-2012, 04:19 PM
 
Location: Ocala, FL
4,056 posts, read 6,801,479 times
Reputation: 3869
Quote:
Originally Posted by =^..^= View Post
BTW, it was a TN police officer who suggested I turn everything off and get the order of eviction. As I said, the moocher was gone in less than 30 days.
Any law enforcement officer from out of state offering real estate law advice is an idiot because laws vary from state to state.

Because you got your mooch out of your home by intimidation is not good advice for the OP. They could have sued you as pointed out in the Florida statutes.
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Old 05-24-2012, 12:43 AM
 
41 posts, read 71,227 times
Reputation: 33
Quote:
Originally Posted by xanaman View Post
I just recovered from galbladder removal and due to my health I had to stay with my parents at their house. To make it work, 2 of my (adult) brothers had to give me their room and I let them stay at my house until I was ready to go home. It is now April and I am ready to go home, but they won't leave!! Can I shut of cable/electric? This was only a temporary arrangement, but they are not good people to begin with, and they are trashing my home. No written agreements or payments were made - I pay my mortgage, electric, cable, and trash bills. I just want to go home. I am disabled and I do not have the money for a lawyer - please, anyone, HELP!!!! BTW I live south of Ocala in Hernando.... I am at my wits end. Forgot to mention I also suffer extreme anxiety and this is really working me over. Thanks to everyone in advance.
You did not say you rented your home to them or subleased it. If that is the case you should be able to get them arrested for trespassing if they will not leave when told to leave.

Then the officers will remove them for you.
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Old 05-24-2012, 01:04 AM
 
Location: Ohio
15,719 posts, read 14,422,578 times
Reputation: 21963
Cut off the cable and internet......move back in........and make yourself a huge pain in the ass.

Make them uncomfortable and they will go running back to your parent's house.
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