Example of how House Bill 631 will help Buy and Hold Investors

The Florida Legislature Strengthens Laws to Remove Unwanted Parties from Your Property 

The governor signed House Bill 631 into law on March 8, 2018, to update Florida law on ejectment, unlawful detainer, and customary use.   So what does this mean?

First, let’s suppose the company owning the building next to yours puts up a fence ten feet over your property line, claiming to have a recorded deed to a strip of your land.  You think the deed is bogus.  To get rid of the fence you would likely file an “ejectment” action.  “Ejectment” is a kind of eviction action in which the party in possession claims a right to be there under a written instrument in its chain of title (usually a deed, easement, or other serious title instrument).  An ejectment action gives you the chance to prove your superior title to the property (after which you would eject the neighbor’s fence). Case closed.  The amendments to the Bill modernize the statute to clarify the process and documents necessary to establish an ejectment action in Florida.

Second, suppose you leased your house to a guy for Gasparilla Parade week (let’s call him Ed).  Ed takes possession of your house under a one week lease.  While he’s there, Ed invites one of his friends (call him Jeff) to live with him for the week without your permission.  A third guy Ed vaguely knows (call him Jim) lets himself into the house, picks a bedroom, and makes himself at home with no one’s permission.  Now the week is up and Ed, Jeff, and Jim all refuse to leave.  How do you get your house back?  You’d file an unlawful detainer action against Ed (who overstayed his lease), an unlawful entry action against Jeff (who was invited by Ed but not allowed by you), and a forcible entry action against Jim (who, in effect, forced his way into the house without anyone’s permission).

The new law revises, clarifies, and streamlines the procedures to remove all these unwelcome parties.  Better for you (but worse for Ed, Jeff, and Jim), the new law also allows for an award of damages equal to double the reasonable rental value of property if you establish that a defendant’s possession was willful and wrongful.   The new law further provides for an alternative method of service permitting a plaintiff to post a complaint in a conspicuous place on the property.  That’s handy if Jim won’t come to the door.  Think about this, by the way, before you rent your house for Gasparilla.

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