Trespassers on Leased Property Refusing to Leave

[NEone]

What is the name of your state (only U.S. law)? Florida

We signed a contract two weeks ago to rent a property beginning tomorrow, Aug 1st. Owner/landlord told us that we could come out in the days leading up to the 1st to begin cleaning up the property, as the upkeep and maintenance had been let go by the property manager over the last year. On our first visit to the property (after signing the lease), we were surprised to find a young lady in the apartment, who turned out to be the daughter of said property manager. We immediately called the property owner, who then spoke to the property manager and assured us she would be gone by the 1st. On our next visit to the property a few days later, we again encountered the daughter, who then informed us that she would not be leaving, citing a contract between the owner and her father to manage and rent out the property FOR the owner. Shocked once again, we met with the property owner who assured us that the contract was terminated due to the deteriorated state of the property, which the manager had allowed to happen. As of this morning, the 31st, we went out to the property to see where we stood, and the daughter is still living on the property, now with her boyfriend. There is NO lease or contract between either of them and the owner to be there. The only contract with the property owner of any sort was between the girl's father to act as the property manager, which is now terminated.

My question is, if this girl and/or her boyfriend are not gone when we arrive in the morning, do we have grounds to call the police and have them removed for trespassing? The property owner, along with myself and my business partner have all informed her upon each visit that we would be moving in, and expected her to vacate the premises. As of this morning, she said she would only leave with a police escort. However, I want to make sure I am prepared for the worst case scenario.

While a realize that a lease or agreement would constitute a "civil issue," there is no agreement with the daughter. This is (in my non-lawyer mind) the daughter of the now-fired property manager, in essence, squatting on the property. Am I correct, or is there a loophole out there somewhere that gives her a right to be there? The last thing I want is egg on my face if/when the police arrive and she pulls a rabbit out of a hat.

Thank you to all in advance!

 

[sandyclaus]

What is the name of your state (only U.S. law)? Florida

We signed a contract two weeks ago to rent a property beginning tomorrow, Aug 1st. Owner/landlord told us that we could come out in the days leading up to the 1st to begin cleaning up the property, as the upkeep and maintenance had been let go by the property manager over the last year. On our first visit to the property (after signing the lease), we were surprised to find a young lady in the apartment, who turned out to be the daughter of said property manager. We immediately called the property owner, who then spoke to the property manager and assured us she would be gone by the 1st. On our next visit to the property a few days later, we again encountered the daughter, who then informed us that she would not be leaving, citing a contract between the owner and her father to manage and rent out the property FOR the owner. Shocked once again, we met with the property owner who assured us that the contract was terminated due to the deteriorated state of the property, which the manager had allowed to happen. As of this morning, the 31st, we went out to the property to see where we stood, and the daughter is still living on the property, now with her boyfriend. There is NO lease or contract between either of them and the owner to be there. The only contract with the property owner of any sort was between the girl's father to act as the property manager, which is now terminated.

My question is, if this girl and/or her boyfriend are not gone when we arrive in the morning, do we have grounds to call the police and have them removed for trespassing? The property owner, along with myself and my business partner have all informed her upon each visit that we would be moving in, and expected her to vacate the premises. As of this morning, she said she would only leave with a police escort. However, I want to make sure I am prepared for the worst case scenario.

While a realize that a lease or agreement would constitute a "civil issue," there is no agreement with the daughter. This is (in my non-lawyer mind) the daughter of the now-fired property manager, in essence, squatting on the property. Am I correct, or is there a loophole out there somewhere that gives her a right to be there? The last thing I want is egg on my face if/when the police arrive and she pulls a rabbit out of a hat.

Thank you to all in advance!

YOU have no right or authority to do anything here. This woman ISN'T trespassing, she was hired as an on-site manager, and it didn't work out. Unfortunately for you (and for the property owner), she has decided to dig her heels in and refuse to leave the premises. The only one with the right to have her removed would be the property owner and/or manager - and they will need to use the proper eviction procedures to do it. The police will NOT get involved in a civil matter, which this is.

As for you, while it's not your fault, it definitely means you won't be able to move in, since the owner is not currently in possession of the property. This is very much the fault of the owner and manager, for not ensuring that the property was free and clear and available to move in when they promised it. They assumed it would be, and clearly it's not.

Your recourse here is with the property owner and manager now. Since the property is not available to move in when promised, as long as you have your lease in corce, you can hold them (owner/manager) liable for your damages for each day they fail to deliver the premises - to include alternate housing, storage for your property, any another expenses you incur from their breach of the lease. Alternatively, the two of you can agree to void the lease and let you move on to a different place.

 

[NEone]

YOU have no right or authority to do anything here. This woman ISN'T trespassing, she was hired as an on-site manager, and it didn't work out. Unfortunately for you (and for the property owner), she has decided to dig her heels in and refuse to leave the premises. The only one with the right to have her removed would be the property owner and/or manager - and they will need to use the proper eviction procedures to do it. The police will NOT get involved in a civil matter, which this is.

No, this woman was NOT hired for anything. Once upon a time, her father was the property owner's manager, who has since been terminated. Why she is on the property, we have no idea, but the fact that this woman is there came as a shock to everyone. The property owner is also planning to be there with us tomorrow morning, with all paperwork, to have her removed. I am merely asking for the sake of preparing as best I can for what may be in store.

As for you, while it's not your fault, it definitely means you won't be able to move in, since the owner is not currently in possession of the property. This is very much the fault of the owner and manager, for not ensuring that the property was free and clear and available to move in when they promised it. They assumed it would be, and clearly it's not.

Your recourse here is with the property owner and manager now. Since the property is not available to move in when promised, as long as you have your lease in corce, you can hold them (owner/manager) liable for your damages for each day they fail to deliver the premises - to include alternate housing, storage for your property, any another expenses you incur from their breach of the lease. Alternatively, the two of you can agree to void the lease and let you move on to a different place.

The property owners are elderly and not often in the area, which is why this man was hired in the first place. But again, once it came to light that he was not doing his job, he was terminated. We also did not encounter anyone on the property when we first looked at it with the owner. Even the realtor had no idea. We did not run into the woman until our first visit to the property after the lease was signed. I realize that does not change much of anything, but just for clarification's sake...

Can you, or anyone else, please explain what makes this woman any different from a random stranger who showed up in the recent weeks and decided to squat on the property?

 

[TigerD]

No, this woman was NOT hired for anything. Once upon a time, her father was the property owner's manager, who has since been terminated. Why she is on the property, we have no idea, but the fact that this woman is there came as a shock to everyone.

That is none of your concern.

The property owner is also planning to be there with us tomorrow morning, with all paperwork, to have her removed. I am merely asking for the sake of preparing as best I can for what may be in store.

You may have a place to move into. You may not. That is how you prepare.

The property owners are elderly and not often in the area, which is why this man was hired in the first place. But again, once it came to light that he was not doing his job, he was terminated. We also did not encounter anyone on the property when we first looked at it with the owner. Even the realtor had no idea. We did not run into the woman until our first visit to the property after the lease was signed. I realize that does not change much of anything, but just for clarification's sake...

No clarification necessary. It is neither your problem nor your concern.

DC

 

[sandyclaus]

No, this woman was NOT hired for anything. Once upon a time, her father was the property owner's manager, who has since been terminated. Why she is on the property, we have no idea, but the fact that this woman is there came as a shock to everyone. The property owner is also planning to be there with us tomorrow morning, with all paperwork, to have her removed. I am merely asking for the sake of preparing as best I can for what may be in store.



The property owners are elderly and not often in the area, which is why this man was hired in the first place. But again, once it came to light that he was not doing his job, he was terminated. We also did not encounter anyone on the property when we first looked at it with the owner. Even the realtor had no idea. We did not run into the woman until our first visit to the property after the lease was signed. I realize that does not change much of anything, but just for clarification's sake...

Can you, or anyone else, please explain what makes this woman any different from a random stranger who showed up in the recent weeks and decided to squat on the property?

Unfortunately, the former manager apparently gave her the right to occupy and possess the property in question. I'm sure HE is going to laugh as the owner and NEW manager make their feeble attempts to have her ousted, which won't work. She was granted possession, and it was never taken away from her - ergo, she still has the right to possession until it is taken away from her. All the paperwork in the world isn't going to change that, as it appears that the owner was never made aware of what the former manager had done here. As soon as the Sheriff sees that this is a purely civil matter, they aren't going to get involved.

You need to realize that you WON'T be moving in tomorrow - PERIOD. Unless this woman voluntarily vacates, which sounds very unlikely, the new manager and owner are going to need to evict this woman through the courts. It's unavoidable. It's just a shame that both the owner and new manager are so uninformed and unprepared for how to deal with this. Just because they demand that she leave makes absolutely no difference, nor does the threat to have her removed forcibly without a court order.

Tell them to hire a shark of an eviction attorney and get the process started ASAP - with a notice to terminate tenancy. In Florida, for an at-will tenancy (month-to-month), that starts with a 15-day notice to terminate, followed by filing papers with the court. I would also recommend to them that they do a thorough inspection of the property NOW, as it seems that the former manager and his daughter may be working together to screw the owner as badly as they can, and that could include trashing the property.