Squatting Laws in Florida – An Overview

A squatter is someone that occupies someone else’s property without legal consent. In addition to having no consent, a squatter occupies the property rent-free and without paying property taxes.

Usually, squatters occupy properties that are either vacant, abandoned by the property owner, or foreclosed upon. Since they don’t break-in, they technically don’t break the law when occupying your property, especially when they’ve paid property taxes.

In Florida, it’s crucial to protect your vacant property against occupation by squatters. If left unchecked, squatters can take advantage of your absence and occupy your property. Over time, Florida squatters may gain certain legal rights, and in some cases, squatters can even attempt to obtain legal ownership of your property.

This process, known as adverse possession, allows squatters to make a claim under squatters’ rights if they meet specific criteria. To prevent Florida squatters from taking over your property, it’s essential to take proactive measures against their occupation.

The following is everything you need to know about squatter’s rights in Florida.

What are Squatter’s Rights?

Squatter’s Rights are a form of valid Adverse Possession claim. Once a Florida squatter meets the minimum guidelines, they may be able to obtain full legal ownership of the property they are squatting on.

The following are the requirements a squatter in Florida must fulfill to obtain squatter’s rights.

• Continuous Occupation. In Florida, a squatter will need to occupy a property for a minimum of 7 years to qualify for an Adverse Possession claim. ‘Continuous’ here means that a squatter must have stayed on the property throughout the entire duration. Leaving the property even for weeks would nullify their claim.
• A squatter must not have obtained permission to occupy the property from the true owner
• A squatter must occupy the property as the actual owner would. Evidence for this would be erecting a fence enclosing the land. Another example would be cutting the grass or landscaping.

• Another requirement under Adverse Possession rights is the exclusive possession of the property. A squatter must not share the possession of the property with others, such as other squatters or even the property owner themselves.
• Open & Notorious. A squatter must not be seen to be hiding their occupation of the property they are squatting on. To qualify for an Adverse Possession claim, they must demonstrate that their occupation has been akin to that of the owner.

In addition, under the squatters rights in Florida, a squatter must have a color of title to be eligible for an Adverse Possession Claim.

What is Color of Title in Florida?

This is a term you’re bound to come across in your search for squatter’s rights. If you’re said to have Color of Title, it simply means that you have one or more of the required documents to own the property. In other words, your occupation of the property is irregular, even if you’re consistently paying property taxes.

Without color of title, a squatter would need to pay taxes as an alternative additional requirement to establish adverse possession. This step is crucial for validating an adverse possession claim, as it demonstrates the squatter’s intent to take legal ownership of the property.

How Do You Prevent Squatters on Your Florida Property?

There are steps you can take to prevent squatters from occupying your rental property. Whether you leave Florida after winter or you’re just gone for a few months, property owners will want to take care that squatters don’t take up residence. A property management company or home-watch company can help you with this!

• Secure all main entrances, such as front doors and windows before you leave
• Inspect the property from time to time
• Invest in a home security system to monitor it remotely
• Pay property taxes yourself. In many cases, demonstrating that you pay property taxes is an additional requirement that strengthens your claim. Consistently continuing to pay property taxes over the required period can significantly support your adverse possession case.
• If the property isn’t occupied, put up ‘No Trespassing’ signs so that a squatter can’t take actual possession of the property
• Begin eviction proceedings against the squatter as soon as you notice they have occupied your property
• Seek the help of the sheriff if the squatter refuses to leave the property. Don’t involve the police, as this is a civil matter and not a criminal offense, even if the squatter has taken actual possession of the property.
• Hire a reputable home watch company. A home watch company will periodically check on and care for your home while you’re away, preventing any squatters from ever taking up residence.

How Do You Remove Squatters From Your Florida Home?

Some states have specific laws for removing squatters. Florida, however, isn’t one of these states. To get rid of a squatter, you must go through the tenant eviction process. The following is an overview of the process.

• Serve an eviction notice. Once you have noticed there is a squatter living on your property, serve them an appropriate notice as quickly as possible.
• File a lawsuit against the tenant. If the squatter doesn’t pay all the due rent or move out within three days, you can move to court and file a lawsuit. This will normally take a few weeks to resolve.
• Attend the court hearing. Since the squatter will have no legal right to occupy the property, chances are they won’t fight the eviction. As such, you can expect a default judgment in your favor.
• Wait for the squatter to be removed. After a successful judgment, the court will issue you with a writ of possession. The writ will be the final notice for the tenant to leave. If they still refuse to leave after being served with a copy of the writ, the sheriff will have to forcefully evict them from the premises.

Please note that you cannot self-evict the squatter from the property, as doing so is illegal. You cannot treat the squatter as an unwanted person by attempting actions like shutting down utilities, locking them out, or cutting off electricity or water supply.

Such actions can lead to you being considered a person acting outside the law and could result in legal trouble. Remember, the only person authorized to handle the eviction of a squatter in Florida is either a sheriff or a constable.

No other person, including the property owner, has the legal right to forcibly remove the squatter. If you attempt to take matters into your own hands, you could end up being the person facing legal consequences. Therefore, always ensure that the eviction is handled by the appropriate person according to Florida law.

Bottom Line

Now you know what rights squatters have in Florida and what you can do to protect your property against illegal occupation. That being said, the best way to protect your home against strangers is by working with a reputable home watch service.

Income Realty Home Watch can help you in this regard. We’re an accredited home watch company that can look after your Miami property when you’re away. Get in touch to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to squatting may change, rendering this information outdated by the time you read it.