HOMELESS PEOPLE IN OUR RENTAL

[David Hendry]

HELP ???

It almost seems like a Jerry Springer episode. My wife went to check on our rental property in Florida after the Hurricane with an adjuster. We live nearby. The tenant says hes been in NY dealing with a child custody cast. She found some homeless people living in our house. He is late on the rent this month and in NY. He says they area his friends but my wife clearly sees they have stuff and beds in their rooms. the tenant has been a problem in the past. he still has a dog that is not on the lease and has told us on multiple occasions it was gone. Do we contact the police and have these people removed from the property? if so how do we prevent them from getting back in? change the locks? is the property considered abandoned?  we have contacted a relistate attorney but were looking for opinions.

[Joel Owens]

Braking and entering is different than established residency. The police usually determine which is the case when they are called out. If it's established residency whether the landlord authorized it or not you must go through eviction.

The police will say it is usually a civil matter and nothing they can do until you go through the courts if residency is established. Police will generally run their information when they go out and if they have outstanding legal issues they might be arrested. That still does not get rid of personal property and each state has various laws and procedures for that.

You need to contact your local eviction attorney who specializes in these types of things.

Sometimes you have them sign something giving up their rights for cash for keys to leave.

If they are breaking and entering then criminal trespass and the police can usually remove them from the premises.

No legal advice given.