Posted on 04/22/2014 11:50:44 AM PDT by ronnyquest
NEW PORT RICHEY, FL (WFLA) -
When soldier Michael Sharkey was deployed to Afghanistan two years ago, he asked a friend to watch over his New Port Richey house. Sharkey and his wife are now living in Hawaii where he is currently stationed. They plan to move back into their New Port Richey home someday. But, right now they are fighting to get their house back.
They say strangers broke in, changed the locks, moved in and they refuse to leave.
"I want the people out," said Sharkey. "They're criminals living in my house."
Sharkey was shocked to find out that the Pasco County Sheriff's Office says it can't do anything about the squatters.
(Excerpt) Read more at wfla.com ...
So he’s a smoker, strong Mexican accent, unsavory looking as can be. These are the times when a judge should take one look at the perp, another at the actual owner and say... Sheriff, serve Ortiz papers and get him out.
“The Sheriff can’t do anything but I would.”
Yeah, but he will sure as hell prevent you from doing anything either.
You may or may not be correct about that, but as a practical matter if the Sheriff doesn't want to do his job, you don't have a lot of recourse. I suppose you could start a recall petition....
Isn’t a verbal contract, tenant at will, which means at both the will of the tenant and the will of the owner, and if either one says “Time to move.” the tenant has to move?
Anyone want to bet that Ortiz the Squatter is also Ortiz the illegal alien?
“My law firm of Smith & Wesson LLC says “you’re evicted.””
We’re on the same page, except I employ an Austrian law firm I am shure you know. Messrs. Sig Sauer & Co. They have U.S. offices in Exeter, NH!
Soldier made a big mistake picking the wrong friend to watch the house. However, the friend would need a contract to extend to the squatter.
If there wasn’t a contract, there would be when I got there. Just sayin’.
It’s my house and there are people living in it? I am not understanding this “there isn’t anything we can do about it.” Break the door down and move in?
No. If the soldier told the friend to “take care of the house”, the friend could have interpreted that as “Rent it out for me”.
I use Ted Kennedy's law firm....
WineHer, DineHer, DickHer & DunkHer
That’s called “breaking and entering” if the contract doesn’t state that the owner is allowed to do so. BTDT.
The easiest thing to do is make the squatter want to leave and leave quickly.
If you can, there are a lot of mansion in Palm beach I am interested in, and I know are mostly vacant during the hot summer months.
I'll just make up the same ridiculous story about a verbal contract and leave some paint brushes lying around.
If there isn't more to this story we don't know, then it sounds like the sheriff is incompetent.
They do have to bring an action for possession of the property (unlawful detainer) to get them out with the help of the law. They can also swear out a complaint for criminal trespass. Self help with force would subject the owners to arrest. It’s a pain but that’s the truth.
This renting of other people’s vacant houses has been big business in Florida for a few opportunistic folks.
Just file for eviction and press charges. If the guy has a contract then it will come out in court.
when the owners contact the sheriff with a complaint and then the quarters have no contract or lease agreement, they should be arrested immediately and their goods impounded.
If it’s a verbal contract with this ‘friend’ have this ‘friend’ cancel it verbally or in writing.
End of story, thirty days later (or less) he’s out.
Did the soldier give power of attorney to his “friend”? Before deployment they warned us about how easily a general power of attorney can be abused.
Was his “friend” acting in his legal stead when he made the `contract’?
Anyway, extraction by bikers & guard dogs, with sheriff as witness, sounds like the best solution to a bad situation.
New Port Richey soldier says squatters won’t leave his home.
HUH?
Won’t leave?
You don’t know what to do about that?
While I have all the respect in the world for those that serve in the military I have to assume you have not learned much in your time in the service.
This is not a difficult issue........
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