Where there is no contract for rent, there is no real chance of a small claims (or a civil suite) awarding you back rent (unless the squatter is really a tenant who is overholding).  

I agree with Jeffrey's post, it will create a double layer if you run into litigation issues in the future.

Enforcement of HOA rules falls under civil law.

Many know that the Civil Relief Act permits active duty military to break a lease when they recieve orders or depart from service.

. :)  then it just starts to go down hill.also many times these high flyers are very late to change their lifestyles.. and that adds to the cash flow stress.I mean I was totally stressed in those days I got wrapped up in a Civil rico with one of them..

They disagree and then start litigation to recover the earnest money.

It seems to me that it’s time for litigation.

It's best to reach out to the Tenants and figure out what they are doing before you pursue litigation, and risk alienating them when they could've just forgotten.If it were me, I would contact the Tenant and remind them that the option period has passed, so you assume they are moving out, and ask them to make it official in writing. 

The HOA is currently in litigation and it's really affected the resale value of those units. 

Real estate activity; unlicensed personA.(1) In addition to any other civil remedy or civil penalty provided for in this Chapter, the commission may issue a subpoena to any person or persons who the commission has probable cause to believe has engaged in real estate activity without a currently valid license.(2) Subpoenas issued by the commission shall comply with the notice requirements of R.S. 49:955.