florida squatters law

Florida Squatters Law: What Landlords Should Know

Squatters are a growing problem in Florida. The state government responded to the complaints by implementing a Florida squatters law in 2024. The law strives to make it easier for real property owners to remove squatters from their land and real estate.

 

What is the Florida Squatters Law?

Property owners in Florida have reported squatters illegally occupying homes and property for more than twenty years. As a result, the Florida government created House Bill 621 in 2024. It passed in the House and Senate. The Florida squatters law aims to make it easier for property owners to remove unauthorized squatters from their property.

Florida Governor Ron DeSantis signed HB 621 on March 27, 2024. It took effect on July 1, 2024. Now, Florida property owners can unlawfully evict occupants who remain on residential property. Key points of the new law include the following:

  • Clear Definitions. HB 621 defines squatting and distinguishes it from landlord-tenant disputes. This protects legitimate tenants from being unfairly targeted and ensures the law is applied to actual squatters.
  • Stronger Property Rights. Property owners can quickly regain control over their property without having to face lengthy legal battles. It prevents property damage and protects property owners from financial losses associated with long periods of illegal occupation.
  • Stricter Penalties. Squatters found guilty may face hefty fines and jail time. Penalties may be even worse for those with damages of $1,000 or over. These penalties will deter future illegal occupants and make them less likely to squat in properties that are not theirs.
  • Faster Evictions. Property owners can access emergency court hearings to remove illegal occupants promptly. Now, property owners can remove squatters within 30 days of the eviction notice’s posting date. Property owners no longer need to go through lengthy court procedures and can regain control over their property faster. However, they must act quickly to avoid adverse possession claims.

 

Criminal Penalties for Violators

Squatters who violate the new law may face the following criminal penalties:

  • Criminal Penalties for ViolatorsFirst-Degree Misdemeanor. Squatters may face this penalty if they make a false statement in writing to acquire real property. It also applies to those who consciously and intentionally submit falsified documents that impart property rights.
  • Second-Degree Felony. Squatters who illegally trespass or occupy a residential dwelling may face second-degree felony penalties. It also applies to those who deliberately cause damages that cost $1,000 or more.
  • First-Degree Felony. Squatters who knowingly advertise a residential property for rent or sale without legal ownership or authority may face a first-degree felony charge.

 

Does Florida Have Squatters Rights?

Squatting is the act of occupying property without the owner’s consent. Unauthorized occupants may live in vacant lots, empty homes, and abandoned buildings. When they make these places their homes, evicting them becomes a logistical nightmare. It’s also legally contentious.

Squatters typically have the right to live in the place they occupy if they have lived there for an extended period, typically 5-30 years. However, squatters may only have this right if the property owner does not take legal action.

However, the recent squatting incidents that prompted HB 621 have occurred in the short term. Some illegal occupants have claimed tenant rights laws to force property owners to go through long eviction processes to remove them from the building. In the meantime, the squatters remained on the property for free.

 

How Adverse Possession Claims Work

Squatters may make an adverse possession claim if the landlord or property owner has not removed them over an extended period. However, adverse possession claims have specific requirements, including:

  • Hostility. The squatter must be knowledgable of their trespass, or the trespass must be an honest mistake. For example, the squatter may have relied on inaccurate deeds or believed the land was originally theirs.
  • Actual Possession. The squatter must live on the property physically and treat it as if it were their own.
  • Open and Notorious. The squatter’s possession must be open and obvious. It must not have been secret or hidden. The squatter must have lived on the property as if they had the right to do so.
  • Exclusive and Continuous. The squatter must not share the possession with other people. Moreover, the occupation period must be at least seven years. If they leave the property any time within those years and return, the time resets.
  • Improvement. The squatter must protect, cultivate, or improve the property.

In addition, adverse possession claims require the squatter to have paid the necessary property taxes. They must also show a “color of title” document. This document makes it appear that the squatter has a legitimate title that is not legally valid due to typos or errors. It may be difficult for them to obtain adverse possession if they do not have a color of title.

 

How the Florida Squatters Law Affects Tenants

The squatters laws in Florida have several implications not just for property owners but also for landlords. It can affect certain types of renters without formal lease agreements.

 

Transient Occupants

Landlords should be wary of how the new law affects transient occupants. These people pay rent but are meant to stay within the residence temporarily. Often, they do not have an official lease agreement or receipts. Landlords may attempt to use the law to evict these tenants without going through a formal eviction process. Consequently, landlords may face legal disputes if they try to remove someone as a “squatter” when they are, in fact, a transient occupant.

 

Extended Tenancy After Lease AgreementExtended Tenancy After Lease Agreement

Some tenants do not move out on time when the lease agreement expires. In some cases, landlords will allow tenants to stay even after the expiry date as long as they pay rent. They often collect payment on a month-to-month basis from the renter without renewing the lease.

However, landlords may adversely use the new law to evict a tenant whose lease agreement has expired, which may create legal complications.

 

Informal Rental Agreements

Some renters informally rent space from people they know. These spaces are meant to provide temporary residences to renters that could help them transition into more permanent housing arrangements.

However, tenants may stay longer due to unforeseen circumstances and high rent or housing costs. As a result, there may be complications because the landlord and tenant do not have a formal lease agreement. This could leave tenants vulnerable to accusations of squatting.

 

Be Wary of Wrongful Accusations

It may be tempting to use the new law to evict problematic tenants. However, paying tenants have certain legal protections. If a landlord accuses a legitimate tenant of squatting, the tenant may claim certain protections under the law.

The landlord must undergo lawful eviction processes to remove the tenant. This requires a formal complaint and proof of the tenant’s overdue stay or contract violation. A court order will then be delivered to remove the tenant from the property.

 

Frequently Asked Questions

Can Police Remove Squatters in Florida?

The new squatting laws in Florida allow law enforcement to immediately remove or even arrest unauthorized squatters without a court procedure.

 

Do You Have to Evict a Squatter in Florida?

In the past, property owners may have needed to go through a lengthy eviction process to remove a squatter. However, HB 621 makes it much easier to remove squatters without formal evictions.

 

Know Your Rights

Landlords must know the Florida squatters law to understand their rights to evict illegal occupants. However, they must also understand that false claims can lead to adverse outcomes. Tenants who do not have a lease agreement but have lawfully occupied the property have certain protections, especially if they have paid rent.

Do you need help preventing squatters from occupying your property? A property management company may be able to help. Check out our online directory to find the best property management companies in Florida!

 

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