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The Federal Government shows up in Nevada, fully armed to evict cattle from public lands but the Pasco County Sheriff’s Department in Florida says they can’t kick out a squatter that is illegally living in a soldier’s private home.
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US Army SPC Michael Sharkey deployed to Afghanistan two years ago leaving his unfinished home in the hands of his good friend, Lisa Pettus in order to have renovations done while he was absent on deployment and then stationed in Hawaii.
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Ms. Pettus enlisted the help of Julio Ortiz and his girlfriend Fatima Cardoso to work on the repairs and renovations. Pettus states that the couple was never at the home without supervision but after the work was done weeks later, she went by the house to check on things and discovered Ortiz and Cardoso had taken up residence and had even changed the locks.
A local news channel reported:
When 8 On Your Side went to check out the situation, we found a man named Julio Ortiz and his girlfriend, Fatima Cardoso, living in the soldier’s home. They offered no apologies. They say they know Sharkey doesn’t want them there, but they’re not leaving until they’re ready.
“I don’t want problems,” Ortiz said. “We’re not doing anything wrong.”
Ortiz says he has permission to be in the house, just not from Sharkey, the home’s owner. Ortiz says he doesn’t need a lease because he has a “contract.” He described this contract as a verbal agreement with a friend of the soldier to fix up the home, in exchange for living there rent free.
Ortiz said the plan was to fix up the house and then eventually work out a deal with Sharkey to rent the place.
But, Sharkey says this is all lies. He says he’s never seen or talked to Ortiz.
Lisa Pettus, who is Sharkey’s friend, told 8 On Your Side there was no agreement with Ortiz . She says she met Ortiz through a friend and he agreed to help her fix up Sharkey’s home while he was away in the military. She says she supplied all of the supplies and Ortiz and his girlfriend were never left alone in the house.
About two months after the work was done, though, Pettus says she drove by to check on the house and found the pair living there.
“I couldn’t believe it,” Pettus said. “And now they’re using my name to justify this. It’s wrong.”
Getting Ortiz and his girlfriend out of the house is proving to be difficult. Sharkey’s wife flew home from Hawaii on News Year’s Eve and went to the house with a sheriff’s deputy. But when the deputy heard Ortiz’ story about the verbal agreement, he said it was civil matter.
That means Sharkey will have to go through the court system and file for a formal eviction.
Pasco County Sheriff’s Office Spokesperson Ken Doll says Ortiz and Cardoso have established residency in the home, so it would take a court order to evict them now.
“I don’t think I should have to pay hundreds of dollars and go through that aggravation,” Sharkey said. “I work hard, long hours, and these people never had permission to live in my home. They should be thrown out.”
Sharkey says he’s also worried that when he files for eviction, his unwanted house guests will damage his home.
Adding to his concern is their criminal backgrounds.
Ortiz spent a combined twelve years in prison in New Jersey for robbery, car jacking and selling drugs on school property. He was released in 2011. Fatima Cardorso spent more than two years in prison on drug charges and was released in 2006.
Ortiz was arrested three times in Pasco County last year on minor charges. Cardoso has been arrested in Pasco County seven times on drug charges since 2011.
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“They are criminals,” Sharkey said. “I am serving my country, and they have more rights to my home than I do.”
Any rational person would think that this kind of behavior would be considered illegal but according to Adverse Possession laws, the squatters actually have rights.
Adverse possession is a principle of real estate law that gives anyone who possesses the land of another for an extended period of time in an ‘actual, open, hostile and continuous’ manner the right to claim legal title to that land.
The exact elements of an adverse possession claim may be different in each state. In Florida, the law prescribes continuous possession of at least seven years. In New Jersey, a squatter must be in possession of the property for 30 years, while in New York it’s 10 years.
In some states, the trespasser must have paid taxes on the property during this time period. Other states don’t require payment of property taxes, but will apply a shorter time requirement for occupying the land if the trespasser has paid taxes.
The Sharkey family is due to return home to Florida in a month but because of these criminals they will not have a home to live in. It will cost them hundreds of dollars and likely quite a bit of time in order to gain back possession of the property they own.
article-0-1D476ABD00000578-561_634x346
US Army SPC Michael Sharkey deployed to Afghanistan two years ago leaving his unfinished home in the hands of his good friend, Lisa Pettus in order to have renovations done while he was absent on deployment and then stationed in Hawaii.
article-0-1D476AB900000578-472_634x536
Ms. Pettus enlisted the help of Julio Ortiz and his girlfriend Fatima Cardoso to work on the repairs and renovations. Pettus states that the couple was never at the home without supervision but after the work was done weeks later, she went by the house to check on things and discovered Ortiz and Cardoso had taken up residence and had even changed the locks.
A local news channel reported:
When 8 On Your Side went to check out the situation, we found a man named Julio Ortiz and his girlfriend, Fatima Cardoso, living in the soldier’s home. They offered no apologies. They say they know Sharkey doesn’t want them there, but they’re not leaving until they’re ready.
“I don’t want problems,” Ortiz said. “We’re not doing anything wrong.”
Ortiz says he has permission to be in the house, just not from Sharkey, the home’s owner. Ortiz says he doesn’t need a lease because he has a “contract.” He described this contract as a verbal agreement with a friend of the soldier to fix up the home, in exchange for living there rent free.
Ortiz said the plan was to fix up the house and then eventually work out a deal with Sharkey to rent the place.
But, Sharkey says this is all lies. He says he’s never seen or talked to Ortiz.
Lisa Pettus, who is Sharkey’s friend, told 8 On Your Side there was no agreement with Ortiz . She says she met Ortiz through a friend and he agreed to help her fix up Sharkey’s home while he was away in the military. She says she supplied all of the supplies and Ortiz and his girlfriend were never left alone in the house.
About two months after the work was done, though, Pettus says she drove by to check on the house and found the pair living there.
“I couldn’t believe it,” Pettus said. “And now they’re using my name to justify this. It’s wrong.”
Getting Ortiz and his girlfriend out of the house is proving to be difficult. Sharkey’s wife flew home from Hawaii on News Year’s Eve and went to the house with a sheriff’s deputy. But when the deputy heard Ortiz’ story about the verbal agreement, he said it was civil matter.
That means Sharkey will have to go through the court system and file for a formal eviction.
Pasco County Sheriff’s Office Spokesperson Ken Doll says Ortiz and Cardoso have established residency in the home, so it would take a court order to evict them now.
“I don’t think I should have to pay hundreds of dollars and go through that aggravation,” Sharkey said. “I work hard, long hours, and these people never had permission to live in my home. They should be thrown out.”
Sharkey says he’s also worried that when he files for eviction, his unwanted house guests will damage his home.
Adding to his concern is their criminal backgrounds.
Ortiz spent a combined twelve years in prison in New Jersey for robbery, car jacking and selling drugs on school property. He was released in 2011. Fatima Cardorso spent more than two years in prison on drug charges and was released in 2006.
Ortiz was arrested three times in Pasco County last year on minor charges. Cardoso has been arrested in Pasco County seven times on drug charges since 2011.
article-0-1D4774AA00000578-537_306x423article-0-1D476ACA00000578-29_306x423
“They are criminals,” Sharkey said. “I am serving my country, and they have more rights to my home than I do.”
Any rational person would think that this kind of behavior would be considered illegal but according to Adverse Possession laws, the squatters actually have rights.
Adverse possession is a principle of real estate law that gives anyone who possesses the land of another for an extended period of time in an ‘actual, open, hostile and continuous’ manner the right to claim legal title to that land.
The exact elements of an adverse possession claim may be different in each state. In Florida, the law prescribes continuous possession of at least seven years. In New Jersey, a squatter must be in possession of the property for 30 years, while in New York it’s 10 years.
In some states, the trespasser must have paid taxes on the property during this time period. Other states don’t require payment of property taxes, but will apply a shorter time requirement for occupying the land if the trespasser has paid taxes.
The Sharkey family is due to return home to Florida in a month but because of these criminals they will not have a home to live in. It will cost them hundreds of dollars and likely quite a bit of time in order to gain back possession of the property they own.
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