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How to Deal with Squatters in Florida
Imagine for a moment an unpleasant scenario for property owners. You paid for your property, either with cash or by taking on a mortgage. Either way, it was a financial burden that you took on thanks to many years of hard work and as a way to make extra income. However, because this is an investment property and happens to be empty for a time, you walk in one day and discover that someone is living there without any legal right or your permission: you have yourself a squatter.
Over time, they may attempt to claim legal rights on your property. If this is happening to you, it may be extremely frustrating and concerning, and you may be wondering what to do. The good news for property owners is that Florida recently tightened the law on "squatter’s rights." An experienced Fort Lauderdale, FL real estate attorney can advise you on dealing with squatters.
Why Does Squatting Happen?
Squatting can happen for many reasons, including a squatter moving into an empty or abandoned property or a foreclosed home. Squatting may sometimes be the result of a miscommunication or an error on a deed.
What is the Law on Squatters?
Squatting is not automatically a criminal offense in Florida. Squatters may also file an action for "adverse possession" to become the legal property owner under certain conditions, such as living in the property for at least seven years and paying taxes. For this reason, it is important for landlords to act quickly to evict a squatter. Landlords must follow Florida law in order to do so.
What Does Florida’s New Law on Squatters Provide?
Florida’s HB 621, which went into effect on July 1, 2025, makes it easier for Florida property owners to evict squatters. However, there are still legal procedures that landlords must follow.
Residential property owners can request that a sheriff immediately remove any person who has (1) entered their property unlawfully and continues to live in that property, (2) has been asked to leave by the owner and (3) refused to leave, (4) so long as the person is not a former or current tenant or family member and (5) the property was not open to the public when the squatter entered.
The law makes it a crime to make false written statements or provide false documents showing property ownership rights. It also makes it a crime to advertise the sale of residential real estate without owning it or having legal authority to do so.
Contact a Broward County, FL Real Estate Attorney
If you have a squatter living on your property, you may be feeling frustrated and seeking legal help. The experienced Oakland Park, FL real estate attorney at The Elliot Legal Group, P.A. can advise you on your rights in this situation and help you legally remove the squatter. Call our law firm for a consultation at 754-332-2101 today.
