What Are Squatters' Rights in Florida? A Property Owner’s Guide
There are a lot of duties and hazards that come with owning property in Florida. One of these risks is having to deal with squatters. People who squat are those who live in or use empty or unoccupied properties without permission. Florida law allows squatters to gain legal ownership of a property over time through a legal notion called adverse possession, even though it may seem illegal or temporary.
It’s very important to know your rights as a property owner and how squatters’ rights function in Florida, especially whether you own empty homes, rental units, or inherited properties.
What Are Squatters and How Do They Differ from Trespassers?
Someone who moves into a property without authorisation, legal ownership, or a lease is called a squatter. Squatters, on the other hand, often try to make the property their permanent home. If specific requirements are met, their illegal stay could turn into a legal claim over time. This is where Florida’s laws about adverse possession come in.
What Is Adverse Possession in Florida?
has lived on a property for a certain amount of time to become the legal owner, even if they don’t have the title.
Florida Statute Section 95.18: What You Need to Know About Adverse Possession
In Florida, a squatter must meet all six legal requirements to claim ownership by adverse possession:
1. Actual and Continuous Possession for Seven Years
The squatter must live on the property without stopping for at least seven years in a row.
2. Hostile Claim
“Hostile” doesn’t mean aggressive; it just implies that the person is occupying the space without the owner’s permission.
3. Open and Notorious Use
The squatter’s presence must be clear. They can’t hide or cover up the fact that they live there.
4. Exclusive Possession
The squatter must act like the only owner of the property and not share it with the rightful owner or the public.
5. Color of Title or Payment of Taxes
To back up their claim, squatters must also meet one of the following two conditions:
- With Colour of Title: If they have a faulty deed or paperwork saying they own the property, they must live there and take care of it for seven years.
- Without Colour of Title: They have to pay property taxes on the land for seven years in a row.
Can Squatters Legally Own Property in Florida?
Yes, a squatter can eventually seek for legal title to the land if they meet all the requirements for adverse possession. But this is rare and hard to achieve without proof or regular tax payments.
How to Remove a Squatter in Florida: Legal Steps
If you have a squatter on your Florida home, here are the legal ways to evict them:
1. Call Local Law Enforcement
If you can show that you own the property and that someone is on it without permission, the police may be able to remove them right away.
2. Serve a Formal Eviction Notice
If the squatter has been living there for a time, give them a 5-Day Notice to Vacate, just like you would in a normal situation of evicting a renter.
3. File an Unlawful Detainer Action
You will have to file an unlawful detainer action in county court if the squatter doesn’t depart.
4. Obtain a Court Order
The court will issue a writ of possession after the lawsuit is over, which will let the sheriff physically remove the squatter.
Note: Never try to get rid of a squatter by force, changing the locks, or cutting off utilities. Florida law says that could be an illegal eviction.
Preventing Squatters in Florida: Tips for Property Owners
If you own more than one rental unit or inherited an empty home, here are some strategies to keep squatters out:
- Visit Your Property Regularly
- Install Security Systems and Cameras
- Use Fencing and No Trespassing Signs
- Hire a Property Management Company
- Pay Your Property Taxes on Time
Act Quickly if you suspect unauthorized occupancy
Selling a Property with Squatters or in Distress?
If you have chronic squatter problems, expensive repairs, or a home that you inherited that needs a lot of work, you might want to sell it quickly and without having to go through the stress of legal proceedings.
WePayCash4Houses is a company that buys houses as-is all around Florida. We make reasonable cash offers and close quickly, even if your property has code problems, liens, or people living there who don’t want to be there.
Related Information: Read more: How to Sell Your Florida House Fast Without Repairs or Delays
Frequently Asked Questions
Can a squatter claim my property if I pay taxes?
A squatter can’t legally possess something if you pay taxes on it and keep it. But if they pay their taxes and you don’t do anything for 7 years, they can file for adverse possession.
Does Florida recognize squatters’ rights?
Yes, but only under specific restrictions set by the law of adverse possession. It’s not automated.
What’s the difference between a squatter and a trespasser?
- A trespasser is on the property without permission and can be taken away by the police right away.
- A squatter may gain legal rights if they stay on the property for a long period and follow the law.
Conclusion: Stay Informed and Act Fast
Florida’s squatters’ rights may seem old-fashioned or unfair, but they are quite real under Florida real estate law. If you own a home or are an investor, the best approach to safeguard your property is to be informed, respond quickly in court, and keep your empty homes safe.
WePayCash4Houses may make you an offer without any obligation if you have too many squatters or need to sell your house urgently in Florida