QUESTION

Is it eviction or trespassing?

Asked on Jun 29th, 2011 on Real Estate - Florida
More details to this question:
My 82 yr old mother recently put her Lakeland, FL house on the market and moved to NJ. She is the sole owner of the FL property. Prior to moving there was a garage sale to dispose of some belongings before relocating. Apparently, a "shopper" stole three remote controls from the garage. Several weeks later, the Realtor discovered there was a woman living in the FL house (stranger). The house should be empty. Someone "rented" the empty house to this woman for $300 per month. No key, not electricity...just a garage remote. At our request. the FL realtor called the police. The police said there was nothing they could do because it was a civil matter...the woman must be evicted. What are our options?
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1 ANSWER

Advertising and Marketing Attorney serving Pilot Point, TX at Law Office of Lisa Renee Wilcox
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Unfortunately, the police are typically not willing to investigate whether a person is legally in possession of a residential property if they have furniture and other items located in the home.  While the person technically could be trespassed from the property, the police will typically want to avoid any liability by waiting for you to file for an eviction. Then, the court will order that the person be removed by the police if they fail to leave the property. I recommend that you  seek the advise of an attorney for any other potential claims your mother may have against the person who is living in the home and against the person who stole the garage controls .   
Answered on Apr 07th, 2012 at 4:35 PM

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