Q: Am I liable if an illegal occupant causes harm on my property in Florida?
I have a commercial property where an individual is present without a lease agreement. I've attempted eviction previously but was not successful. I'm planning to proceed with eviction again. In the meantime, I'm concerned about potential liability. If this person, who is on my property illegally, causes harm to anyone, could I be held liable?
A: Absolutely. Without more information, I cannot comment on why you were somehow "unsuccessful" in your previous attempt to evict whomever is on your property....please find a competent landlord- tenant attorney to advise you how to proceed. I assume the individual is operating a business on your property. While I assume that if they were previously there lawfully they were required by the lease to maintain liability insurance, you need to have liability coverage as the landowner at this point since the "squatter" may not have such coverage. My advice, proceed with eviction proceedings without haste.
A:
In Florida, as the property owner, you generally have a responsibility to maintain a safe environment for anyone on your property, including illegal occupants. Even though the person is there without a lease agreement, if they cause harm to someone, you could still be held liable depending on the situation. Liability could arise if you were aware of the dangerous conditions or failed to take reasonable steps to address them.
However, if the occupant is trespassing and you have made reasonable efforts to evict them, this may reduce your liability, as long as you’ve taken steps to secure the property and prevent harm. It’s important that you continue with the eviction process and make sure your property is secured, even if the person is still on it temporarily.
To minimize your risk, consider consulting with an attorney to ensure that you're following the proper eviction procedures and addressing any safety concerns on the property. An attorney can also help you understand how the law might treat this specific situation and advise you on any necessary steps to protect yourself from potential liability.
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