Florida Squatters Rights: A Guide for Miami Property Owners

Squatters' rights in Florida allow unauthorized occupants to claim ownership under certain conditions, making it crucial for property owners to understand the law.

Florida’s adverse possession laws allow squatters to gain legal ownership if they meet specific requirements, including continuous possession and payment of property taxes. With the number of squatters occupying vacant properties on the rise, landlords and investors must proactively protect their real estate assets.

Failing to address squatter issues quickly can lead to costly legal battles and potential loss of property rights. Property owners can protect their investments by knowing the legal process to remove squatters and avoid unnecessary financial risks.

This guide will explain Florida squatters' rights, how adverse possession claims work, and the legal steps you can take to remove unauthorized occupants.

A. Understanding Florida Squatters' Rights and Adverse Possession

Under Florida law, squatters can legally claim ownership of a property through a process called adverse possession. This law was initially intended to encourage the use of neglected land, but some individuals exploit it to claim property unlawfully.

To make a valid adverse possession claim, squatters must meet the following conditions:

• Actual possession – They must physically live on the property.
• Exclusive possession – The property cannot be shared with others, including the owner.
• Hostile possession – The occupation is without the owner's consent.
• Continuous possession – They must live there for at least seven consecutive years.
• Payment of property taxes – They must pay taxes on the property for the entire seven-year period.

If all conditions are met, a squatter could claim legal property ownership under Florida squatters' rights. Property owners must remain vigilant and take preventive measures to avoid a legal battle.

B. Florida’s Squatter Laws and Property Owners’ Rights

Florida law gives property owners specific rights and legal procedures to handle squatters. While squatters may seem like trespassers, they have certain legal protections that can make the removal process more complicated. Understanding how Florida squatter law works ensures you handle the situation legally and effectively.

1. Is Squatting a Criminal Offense in Florida?

Squatting is not always considered a crime under Florida law. While it may seem like an obvious case of trespassing, squatters have legal protections that can complicate immediate removal. Whether squatting is a criminal act depends on the circumstances.

• When squatting is NOT a crime: If a person enters and stays on a vacant or abandoned property without breaking in, Florida law does not automatically consider them a criminal trespasser. Instead, property owners must follow civil legal procedures to remove them.
• When squatting IS a crime: If the squatter forcibly enters a property (such as breaking locks, doors, or windows), damages property, or refuses to leave after a lawful order, they can be charged with a criminal offense. In these cases, law enforcement may intervene immediately to remove them.

2. Why Property Owners Cannot Remove Squatters by Force

Florida law prohibits property owners from using force to remove squatters, even if they are unlawfully occupying the property. This means that a property owner:

• Cannot physically remove squatters by dragging them out or threatening them.
• Cannot change the locks or shut off utilities (such as water and electricity) to force the squatter to leave.
• Cannot harass the squatter or take actions that could be considered intimidation.

Doing any of these things can lead to legal consequences for the property owner, including lawsuits for illegal eviction. Instead, owners must follow Florida’s legal process for eviction or removal.

3. How to Legally Remove Squatters in Florida

If a squatter does not meet the requirements for adverse possession, they must be removed through legal channels. Property owners can take one of the following approaches:

• Eviction Process – If the squatter was a former tenant who stopped paying rent payments or remained after their lease agreement ended, the property owner must go through the standard eviction process in court. This includes serving an eviction notice and obtaining a court order for removal.
• Unlawful Detainer Lawsuit – If the squatter has no lease agreement and never had the owner’s permission to be there, the property owner can file an unlawful detainer lawsuit. This is a faster legal process than eviction designed to remove unauthorized occupants.

4. Florida’s New Squatter Law: HB 621

HB 621, a new law designed to protect property owners, significantly updated Florida squatters' rights. In certain situations, law enforcement can immediately remove squatters without requiring a lengthy legal process.

Key Provisions of HB 621:

• Property owners can now file a complaint with law enforcement if someone is unlawfully occupying their property.
• If the squatter has no valid lease or ownership claim, law enforcement can remove them immediately.
• This law helps property owners avoid the time-consuming eviction process when dealing with squatters who have no legal right to be on residential property.

Before HB 621, property owners often had to file a lawsuit and wait for court approval to remove squatters. With the new law, law enforcement can act faster, preventing squatters from exploiting legal loopholes.

C. How to Protect Your Property from Squatters

Preventing squatters from occupying your property is the best way to avoid legal disputes and potential Florida squatters' rights claims. Here are a few strategies to keep your investment secure:

• Regularly inspect vacant properties to identify any unauthorized occupants.
• Secure the property with proper locks, fencing, and security systems.
• Pay property taxes on time to prevent anyone from claiming adverse possession.
• Hire a property management company to oversee and maintain your real estate.
• Establish clear boundaries and use signage to deter trespassers.

Being proactive can save you from costly and time-consuming legal battles in the future.

D. The Legal Process to Remove Squatters in Florida

If a squatter occupies your property, you must follow Florida's legal process to remove them while ensuring compliance with Florida squatters' rights.

1. Serve an eviction notice – If the squatter was a former tenant, you must follow the eviction process to remove them legally.
2. File an unlawful detainer lawsuit – If the squatter has no legal right to be there, this lawsuit allows you to regain possession of your property.
3. Request law enforcement assistance – Under HB 621, police can remove squatters who occupy the property without the owner’s permission.

Taking the proper legal steps ensures that squatters are removed without violating Florida law.

E. What to Do If a Squatter Claims Adverse Possession

Property owners must act fast if a squatter attempts to claim adverse possession under Florida squatters' rights. Here’s what you should do:

• Consult a property attorney to challenge the claim in court.
• Prove ownership by showing property records and tax payments.
• Demonstrate a lack of continuous possession, especially if the squatter has not occupied the property for the required seven years.

The burden of proof lies with the squatter, but you should take action immediately to protect your legal ownership.

Confidently Navigate Florida’s Squatter Laws with Expert Help

Florida's squatter laws can be complex, but property owners have legal options to remove unauthorized occupants and prevent adverse possession claims.

If you need assistance handling squatters or protecting your real estate investment, Pristine Property Management LLC offers expert property management services in Miami.

Our team ensures your properties remain secure and well-maintained, helping you avoid costly legal battles. Learn more about eviction protection and property management and how we can help protect your real estate assets today!

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