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View Full Version : New Port Richey soldier says squatters won't leave his home



TJMAC77SP
04-23-2014, 05:33 PM
This has already generated local attention and offers of help. Hopefully the story will get some national attention and these asshats in their house will get what's coming to them.

http://www.wfla.com/story/25297909/soldier-says-strangers-broke-into-his-home-and-wont-leave

ttribe
04-23-2014, 06:14 PM
What a bummer. My friend is a deputy for this county. I sent him this story on FB. He is shaking his head also.

Mcjohn1118
04-23-2014, 06:30 PM
I'm not a lawyer, but I wonder if the squatters work. If so, the owner should take some leave, wait until the squatters leave, enter his home by breaking the locks and then change the locks. I mean, you can't be charged with breaking into your own home, can you? When the police show up, all he has to show is the mortgage/title in his name.

efmbman
04-23-2014, 06:32 PM
A great example of how, when actually needed, the government is either incapable or unwilling to do the right thing. This is the same government (all levels) that many citizens actually believe will render aid in a time of disaster or lawlessness.

efmbman
04-23-2014, 06:33 PM
I'm not a lawyer, but I wonder if the squatters work. If so, the owner should take some leave, wait until the squatters leave, enter his home by breaking the locks and then change the locks. I mean, you can't be charged with breaking into your own home, can you? When the police show up, all he has to show is the mortgage/title in his name.

I would imagine that he has a title or mortgage in his name already... still nothing is done.

retiredAFcivvy
04-23-2014, 07:22 PM
I would imagine that he has a title or mortgage in his name already... still nothing is done.
Unfortunately, if the article is correct, the squatter is claiming a verbal agreement was made allowing him to live there. It may very well be that it is going to take a judge's decision/court order to force him to leave. I don't agree in any way but he's probably getting advice from someone. I understand there are some strange laws out there when it comes to evicting someone from your property.

RS6405
04-23-2014, 08:41 PM
I'm not a lawyer, but I wonder if the squatters work. If so, the owner should take some leave, wait until the squatters leave, enter his home by breaking the locks and then change the locks. I mean, you can't be charged with breaking into your own home, can you? When the police show up, all he has to show is the mortgage/title in his name.

My advice is to check with a local attorney to find out what needs to be done legally. I know in my state individuals can evict someone without hiring an attorney through magistrate court. There may be some other options for people in similar situations, depending on the state.

TJMAC77SP
04-23-2014, 09:14 PM
Legal rights should be anchored in legality. In other words, if you break into someone's house and are injured doing so, you shouldn't be able to sue the homeowner for damages.

These squatters took up residence in an illegal manner (the person they claim they had a verbal agreement with categorically denies that). They shouldn't be entitled to the protections of tenant laws based on that illegal act.

Of course I am not an attorney so despite the common sense, my opinion means zilch.

This whole situation is completely beyond belief and should be rectified now. Right now.

TJMAC77SP
04-26-2014, 02:50 AM
Sometimes there are happy endings.

http://buzzpo.com/squatters-took-soldiers-home-sent-running-hills/

http://www.fox17.com/news/features/around-the-web/stories/excons-squat-in-soldiers-home--wztv.shtml

garhkal
04-26-2014, 05:12 AM
It surprises me the # of times i hear cases of this where squatters take over places. IMO there should never be quatters rights laws.

Stalwart
04-26-2014, 01:07 PM
IMO there should never be quatters rights laws.

Agreed, but determining who is a squatter should have some sort of check/balance -- to prevent an owner/landlord declaring you a squatter and calling the police who then just take the word of the owner.

It would only seem right that once a squatter is evicted the owner should be reimpbursed for a fair rate based on length of occupancy (length of squat?), but I don't see someone who was willing to occupy a property illegally being compelled to reimburse the owner either, and I would rather see the criminal justice system concentrate on higher tiered crimes. Now if the squatter is also involved in drug dealing or other crimes ... that may be a good tie in / avenue of approach.

garhkal
04-26-2014, 08:17 PM
True, usually those squatting are more than willing to skip out on any cash owed if there is a judgement against them. Especially for damages owed.

BENDER56
04-29-2014, 11:38 PM
The Tampa Bay Times had some news about this story today. It seems that while the Pasco County Sherriff's Office was claiming they were "powerless" to do anything about the situation, a veterans group, "...had an attorney draft an ejection order that got Ortiz out of the home within 48 hours of WFLA airing the story."

I swear if my hair was long enough I would have pulled it all out after reading this today. The spokesman for the PCSO actually said they were "powerless" and that Ortiz, "... would not let them on the property ..."

Pasco Sheriff Chris Nocco even said, "There's a lot of times where even our emotions, we have to hold back, because we have to follow what's in (the Florida Statutes) ..."

YHGTBFSM!

Every week I read a new story about LEOs in America ramming down citizens' front doors, barging inside, throwing everyone (including women and kids) face down on the floor and ransacking the place in the execution of a search warrant. Often, they also shoot and kill any pets. Thankfully, most times they have the correct address and the activities of the perps justified the issue of the warrant and the search. But unfortunately, there are times when they invade an incorrect address, and lots of times where they send a SWAT team to serve warrants for non-violent crimes like smoking some doobies or having a poker game. (Illegal, yes ... but do you need a frickin' SWAT team?) Many LEOs and completely innocent people have died in these type of raids.

Oh, and thanks to the complete gutting of the fourth amendment, LEOs don't even need a search warrant. If the officers decide (all on their own) that "exigent circumstances" exist, they can simply invade and search on-the-spot. "Exigent circumstances" can, and have been, nothing more than, "I thought I smelled the odor of marijuana." Often, it has been nothing more than the LEOs hearing "suspicious noises" coming from inside the home. Bam! Everyone get on the ground!

Yet here we have an obvious ne'er-do-well in a property that belongs to someone else who wants him out and the Sherriff waves the Florida Statutes and says he's "powerless" to do anything about the situation?

Son. Of. A. Bitch.

Of course, after he was evicted they searched the house and found criminal evidence. Duh.

Here's the link: http://www.tampabay.com/news/publicsafety/crime/pasco-deputies-were-powerless-to-evict-unwelcome-couple-from-soldiers-home/2177280

garhkal
04-30-2014, 06:52 AM
Every week I read a new story about LEOs in America ramming down citizens' front doors, barging inside, throwing everyone (including women and kids) face down on the floor and ransacking the place in the execution of a search warrant. Often, they also shoot and kill any pets. Thankfully, most times they have the correct address and the activities of the perps justified the issue of the warrant and the search. But unfortunately, there are times when they invade an incorrect address, and lots of times where they send a SWAT team to serve warrants for non-violent crimes like smoking some doobies or having a poker game. (Illegal, yes ... but do you need a frickin' SWAT team?) Many LEOs and completely innocent people have died in these type of raids.

Oh, and thanks to the complete gutting of the fourth amendment, LEOs don't even need a search warrant. If the officers decide (all on their own) that "exigent circumstances" exist, they can simply invade and search on-the-spot. "Exigent circumstances" can, and have been, nothing more than, "I thought I smelled the odor of marijuana." Often, it has been nothing more than the LEOs hearing "suspicious noises" coming from inside the home. Bam! Everyone get on the ground!

The part i really hate about that exigent circumstances crap is often its deliberatly made up on the spot by the cops, to justify going into a place cause what little evidence they had was not sufficient to get a warrant. And US the citizenry seem to have no redress against it.. Cause its the officers word against ours.

socal1200r
04-30-2014, 02:05 PM
So if this is the guy's home, and there's someone illegally living in it, isn't he entirely within his rights to enter his property, draw a firearm, and force the squatter to leave? If the squatter has an issue with that, he can contact the police about it. It's his home, he should be able to enter and leave as he sees fit, and carry a firearm on his property as he sees fit. Put the two together, and I'm sure he should've been able to kick that squatter out.

garhkal
04-30-2014, 09:33 PM
Not sure. With all the crap about stand your ground, perhaps those squatters would be in THEIR rights to shoot the home owner in their defense.