[RPPTL LandTen] Scammed and or squatting

[Anthony J. Horky]

Harry:  I believe that situation would be covered under Chapter 82, Unlawful Entry and Unlawful Detainer, where the issue is possession.  An action under Chapter 82 can be brought using the summary procedure statute.  Ejectment actions under Chapter 66 are for determining title to the property.  Sometimes you bring both an unlawful detainer action to remove them quickly and an ejectment action if they are claiming ownership not tenancy. I have materials from a LL-T seminar I spoke at yesterday on these two areas if you want them.

Regards,

Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile:  954.467.2210
E-Mail: ahorky at mbhlawyer.com<mailto:ahorky at mbhlawyer.com>
Website: www.mbhlawyer.com<http://www.mbhlawyer.com/>


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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of harry at evict.com
Sent: Wednesday, March 16, 2011 5:21 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Scammed and or squatting

Hi All,

I am getting more and more cases where property managers and landlords have been scammed and their houses they own or manage are occupied by someone who was scammed by someone else. Sometimes it simply is a squatter in one of the thousands of vacant houses who says "I have an oral agreement with the landlord" . The Craigslist and MLS info scam is rampant.

I just turn away these cases because I am REAL picky but what on earth do you do in these cases? The police and sheriff will not touch them and they give the standard response "it is a civil matter, call your lawyer".

Are these cases for ejectment? Does anyone want these referred to them?

Harry

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