What are squatters’ rights in Florida?

Can Someone Really Take Over Your Property in Florida?

Imagine checking on your vacant rental home, only to find strangers living there—claiming legal rights to stay. It sounds absurd, but in Florida, squatters can establish legal claims to property under specific conditions. This concept, known as adverse possession, has roots in old property laws designed to encourage land use. But what exactly does Florida law say about squatters’ rights, and can property owners fight back? Let’s break it down.

What Are Squatters’ Rights?

Squatters’ rights refer to the legal principles that allow someone to claim ownership of a property they’ve occupied without the owner’s permission. In Florida, this process is governed by adverse possession laws—meaning a squatter may eventually gain legal title if they meet specific requirements.

Florida’s Adverse Possession Law

Under Florida Statutes §95.18, a squatter must meet the following criteria to claim ownership through adverse possession:

1. Open and Notorious Possession

• The squatter’s occupancy must be obvious to anyone, including the property owner. They can’t hide their presence or use deception.

2. Exclusive Possession

• The squatter must be the only one living on the property. If multiple people come and go, adverse possession may not apply.

3. Continuous Possession for 7 Years

• A squatter must occupy the property uninterrupted for at least seven years.

4. Hostile Possession

• “Hostile” doesn’t mean aggressive—it simply means the squatter is occupying the property without the owner’s permission.

5. Paying Property Taxes (in Some Cases)

• Florida law has two types of adverse possession claims:
  • With color of title: If the squatter has a faulty deed or legal document, they must meet the other conditions.
  • Without color of title: If they have no legal claim, they must pay property taxes for the entire 7-year period.

How Do Squatters Gain Legal Ownership?

If a squatter meets all the conditions for adverse possession, they can file a legal claim. If successful, the court may grant them legal ownership of the property. While rare, it does happen—especially with neglected properties.

How Property Owners Can Remove Squatters

1. Call the Police (But Know the Limits)

• Florida law differentiates between squatters and trespassers.
• If someone has just entered your property, police can remove them as trespassers.
• If they’ve lived there for a while, police may consider it a civil matter, meaning you must file for eviction.

2. Serve a Formal Eviction Notice

• If the squatter has lived there long enough, you may need to file for an unlawful detainer lawsuit—similar to evicting a tenant.
• Florida law requires a formal eviction process, including notices and court filings.

3. Secure the Property

• Prevent squatters by securing vacant properties:
  • Lock all doors and windows
  • Post “No Trespassing” signs
  • Conduct regular property inspections

4. Seek Legal Help

• If a squatter refuses to leave, an experienced real estate attorney can help you navigate eviction laws and remove them legally.

Squatters’ Rights vs. Tenants’ Rights

It’s important to understand the difference between squatters and tenants:

• Tenants have a legal lease agreement.
• Squatters do not have permission but may try to claim rights over time.
• Evicting a tenant follows Florida’s landlord-tenant laws, while removing a squatter involves adverse possession laws.

Preventing Squatters in Florida

To protect your property from squatters:

• Regularly check on vacant homes.
• Install security cameras and alarms.
• Screen tenants carefully before renting.
• Immediately address trespassers to prevent long-term occupation.

Final Thoughts: Know Your Rights

Squatters’ rights in Florida can be frustrating for property owners, but knowing the law helps. If someone unlawfully occupies your property, act quickly to remove them legally. Whether it’s calling the police, filing for eviction, or securing your property, taking proactive steps can save you from a lengthy legal battle.

FAQ

1. How long does it take for a squatter to claim property in Florida?
Squatters must occupy the property continuously for 7 years to claim adverse possession.

2. Can I remove a squatter myself?
No. Florida law requires legal eviction processes. Self-help removal (changing locks, shutting off utilities) can lead to legal consequences.

3. Do squatters have to pay property taxes in Florida?
If claiming adverse possession without color of title, they must pay property taxes for 7 years.

4. Can squatters be arrested in Florida?
If they entered unlawfully, they can be removed as trespassers. But if they have lived there long enough, they may require a court eviction.

5. What if I inherit a vacant home?
Act quickly to secure the property. Squatters often target vacant homes with unclear ownership.