Squatters: What Florida Landlords and Rental Property Managers Need to Know

Unauthorized occupants, commonly referred to as squatters, can create significant challenges for Florida landlords and rental property managers. Vacant homes, abandoned rental units, properties undergoing renovation, and recently acquired real estate can all become targets for unlawful occupancy.

Florida has adopted legislation designed to provide property owners with a method of removing certain unauthorized occupants. However, the law contains important limitations, and property owners should understand when the expedited process applies and when a traditional court action may still be necessary.

What Is a Squatter?

Although Florida law does not specifically define a squatter, the term is commonly used to describe a person who occupies residential property without the owner’s permission and without any legal right to possess the property.

In many situations, a squatter is someone who unlawfully enters a vacant property and refuses to leave. In other cases, the situation may be more complicated. This can include an occupant that presents a fraudulent lease, claims permission from another person, or attempts to assert rights to the property.

Importantly, not every unauthorized occupant is legally considered a squatter. Former tenants, holdover occupants, family members, guests, and individuals who once had permission to occupy the property may require different legal procedures.

Does Florida Law Address Squatters?

Effective July 1, 2024, Florida enacted Section 82.036 of the Florida Statutes, creating a new procedure that allows property owners to request the removal of certain unauthorized occupants directly through the county sheriff rather than pursuing a lengthy court action.

You can read the full Florida Statues here: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0082/Sections/0082.036.html

Under Section 82.036, a property owner or authorized agent may request the immediate removal of persons unlawfully occupying a residential dwelling if specific statutory requirements are satisfied.

The owner must submit a verified complaint to the sheriff and certify, among other things, that:

• The property is a residential dwelling
• The occupants entered the property unlawfully
• The occupants are not current or former tenants
• There is no pending litigation regarding possession of the property
• The occupants are not immediate family members of the owner

If the statutory requirements are met, the sheriff may remove the unauthorized occupants and restore possession of the property to the owner.

When Does the Expedited Removal Process Apply?

The expedited sheriff removal procedure is generally intended for situations involving individuals who never had a lawful right to occupy the property. It is not a substitute for Florida’s landlord-tenant laws.

For example, a landlord may still need to pursue an eviction or other court action when dealing with:

• Former tenants who remain after a lease expires
• Occupants who originally entered with permission
• Individuals claiming rights under a lease agreement
• Disputes involving ownership interests
• Certain family-member occupancy disputes

Because the distinction can significantly affect the proper legal remedy, Florida landlords and rental property managers should work with an experienced landlord attorney to carefully evaluate the facts before proceeding.

Can a Squatter Acquire Ownership Rights?

Adverse possession is a legal process through which a person may potentially obtain ownership rights to property after meeting strict statutory requirements and continuously possessing the property for a specified period of time.

Under Section 95.18 of the Florida Statutes, a person claiming adverse possession without color of title generally must maintain actual, continuous possession of the property for at least seven years while satisfying additional statutory requirements. Florida law also requires the claimant to file specific documentation with the property appraiser and comply with various tax-related requirements.

Florida law further provides that a person who occupies or attempts to occupy a residential structure solely through a claim of adverse possession before filing the required return commits trespass. The statute also imposes criminal consequences on individuals who attempt to lease property they do not own while claiming adverse possession.

As a practical matter, adverse possession claims are difficult to establish and typically involve far more than merely occupying a property for an extended period.

What Should Landlords and Property Managers Do If They Discover a Squatter?

Early intervention is often the most effective way to prevent a minor occupancy issue from becoming a costly legal dispute. Property owners can often reduce the risk of squatter-related issues through proactive property management practices, including:

• Conducting regular inspections of vacant properties
• Securing doors, windows, and access points
• Promptly addressing signs of unauthorized entry
• Maintaining accurate lease records
• Monitoring abandoned or recently vacated units
• Responding quickly when unauthorized occupants are discovered

When an unauthorized occupant is discovered, Florida property owners should avoid self-help measures that could create additional legal issues. Instead, landlords and rental property managers should consider:

• Confirming ownership and documenting the unlawful occupancy
• Determining whether the occupant is truly an unauthorized squatter or someone who may have tenant rights
• Preserving photographs, communications, and other evidence
• Consulting with an experienced Florida landlord attorney regarding the appropriate legal remedy

Legal Resource

Florida legislation provides landlords and rental property managers with a legal tools to address certain unauthorized occupants. However, the law applies only in specific circumstances and does not eliminate the need for traditional eviction or court proceedings in many possession disputes.

Because the distinction between a squatter, a tenant, a former tenant, and an unauthorized occupant can significantly impact the available legal remedies, Florida landlords and rental property managers should carefully evaluate each situation before taking action. Seeking experienced legal guidance from a Florida landlord attorney can help avoid delays, unnecessary expenses, and potential liability.

Questions about unauthorized occupants, leases, evictions, tenant disputes, and other landlord legal issues? Our experienced Florida landlord/tenant attorneys are here to help.

Call KSN toll-free at 855-537-0500 or visit www.ksnlaw.com/landlord-and-tenant

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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