The practice of squatting — or living in a home against the wishes of homeowners, often being protected by Byzantine civil statutes — is becoming a trend in the US.
However, upon the passage of a bipartisan state law in Florida that effectively bans the ability for unwanted house guests to stay as long as they want, a self-described anti-squatting activist and “professional” squatter-remover told Fox News he hopes more states will follow suit.
Flash Shelton first encountered squatting when individuals made themselves at home long-term at his mother’s California house after his father died.
Shelton recounted to “America Reports” on Wednesday how police informed him that their hands were tied on a criminal justice level, and that evicting the squatters would have to be a civil matter.
“I decided to break the laws down and figured out that if they could take a house, I could take a house, and I got my squatters out in less than a day, and I decided to devote the attention I was getting from my YouTube channel to do something good,” Shelton, who is the founder of the United Handymans Association, said.
“I announced a year ago I was going to fight for squatter law change, and then I opened up Squatter Hunters to help homeowners get rid of their squatters.”
Shelton called the Florida law a “positive step” that could set a precedent for other states to pass similar laws.
“As long as we can absolutely detail out the difference between squatting being criminal and tenant rights being civil, then I think it will make the difference and give the homeowners the balance and support that they deserve,” he said.
Florida’s law, celebrated by Republican Gov. Ron DeSantis, curtails lengthy civil court eviction processes and allows police to arrest squatters who cannot produce a lease or proof they are paying rent.
“You are not going to be able to commandeer somebody’s private property and expect to get away with it. We are, in the state of Florida, ending the squatter scam once and for all,” the governor said this week.
Meanwhile, residents in states like New York are witnessing an uptick in squatter activity, including several cases in the Big Apple where homeowners are vexed as to how to remove their unwanted guests.
A woman in Flushing was arrested after she attempted to change locks on a million-dollar home she inherited, when a man inside the abode called police.
Two of the three purported squatters in the case have reportedly since fled.
Elsewhere in Queens, a retired couple who purchased a $2 million home in Douglaston have been unable to move in because a former caretaker to the house’s late previous owner has been allegedly squatting there since early 2023, according to the New York Post.
The paper reported New York squatters can legally lay claim to stay on a property after 10 years, while in the Big Apple that period is only 30 days.
What you need to know about squatters in New York:
What are squatter’s rights in New York?
Squatters in New York state can claim a legal right to remain on a property without the owner’s permission after 10 years of living there. However, in New York City a person only needs to be on the property for 30 days to claim squatter’s rights.
Why is it so hard to get rid of a squatter?
Squatters are allowed a wide range of rights once they have established legal occupancy, making it difficult to evict them.
How does someone become a squatter?
Some of the scenarios in which a person becomes a squatter include: a tenant refusing to pay rent, a relative of a former owner refusing to leave the property or even a stranger who entered the property and never left.
According to Manhattan-based law firm Nadel & Ciarlo, squatters must have a reasonable basis for claiming the property belongs to them and must treat the home as if they were an owner — such as doing yard work or making repairs.
How can a property owner get rid of a squatter?
A property owner must first send a 10-day eviction notice and then file a court complaint if the order is ignored. If approved by a judge, the owner can get a summons and have a sheriff evict the squatter.
Why does the law provide squatters with rights?
The law was designed to help prevent long-term tenants from getting evicted. New York City’s law was partially made in response to vacant and abandoned buildings that were becoming a blight on the city.
How can property owners protect themselves from squatters?
Owners should avoid keeping any properties vacant for an extended period of time. They should also make sure the building is secure, has adequate lighting and has surveillance cameras installed.
If a squatter does appear, owners should notify the police quickly before squatter’s rights are established.
If someone finds themselves confronting squatters, Shelton said they should immediately call police for safety reasons.
“Don’t do anything yourself. It’s property — don’t risk your life. Call law enforcement,” he said, adding that if police say they cannot help further, the homeowner can reach out to his group, Squatter Hunters.
Shelton claimed organizations like his can be more helpful prior to initiating any civil litigation, rather than afterward.
