Squatters Laws in Florida 2024

Squatters Laws in Florida 2024

June 16, 2024, 6:26 pm blog-header-image

Purchasing a rental property is a fantastic method to increase your wealth over time and generate a consistent passive income. Investors must, however, make sure to factor in times of vacancy.

You're losing out on possible rental income each day that your property is unoccupied. Theft and squatting are only two of the several risks connected with having an empty rental property.

Squatters can be incredibly detrimental to your investment. By illegally occupying your property, they prevent you from renting out your home. Kicking them out is often a long-drawn and complex process.

However, knowing how to deal with squatters can help you greatly. In this article, the experts at Suncastle Property Management will go over everything you should know about squatter laws in Florida, including how to evict them and repossess your property effectively. Let’s dive in!

What Constitutes as a Squatter?

Squatters are people who occupy a property or piece of land without the owner’s explicit permission. This poses a huge risk for property owners. Squatters do not only occupy properties but also try to claim legal ownership of them, which can lead to messy legal disputes.

Typically, squatters choose vacant properties, such as recently unoccupied rentals and empty vacation homes. Squatters often look for common signs that a property is vacant, such as an overgrown lawn, accumulated mail, a neglected exterior, trash and debris accumulation, and no visible activity.

Once they’ve found their place, they will try to enter the property through unlocked doors, broken windows, or other easy points of access. While vacant homes are the most common for squatters, they’re not the only properties they like.

Other types of properties at high risk include vacant lots and pieces of land, foreclosed properties, and unused spaces within houses and buildings, such as basements, attics, or empty rooms.

Understanding Squatter Rights

Adverse possession, sometimes referred to as squatter rights, is the legal theory that allows someone occupying property without authorization to finally assert legal ownership subject to specific requirements.

While these requirements differ depending on the jurisdiction, they usually include continuous and open occupancy for a set amount of time, usually between five and thirty years. For example, in Florida, squatters who satisfy some or all of the following requirements may attempt to assert possession of the property:

  • They’ve consecutively occupied the property for at least seven years.
  • They can prove they have maintained or improved the property’s condition, as well as paid the required property taxes.
  • They have a document that appears to be a legitimate title but is not legally valid due to any errors or typos.

If these conditions are met, the squatter can file a legal claim for ownership, potentially receiving a title to the property. However, property owners can prevent adverse possession by regularly inspecting their properties and addressing unauthorized occupancy promptly and with a sound understanding of squatter laws.

Squatter Laws in Florida

Despite it being a common occurrence, most states fail to protect property owners against squatters. Only a few states are working on setting up anti-squatting laws. This includes Alabama, where House Bill 182 was introduced earlier this year to provide property owners with better methods for removing squatters, and Florida.

Earlier this year, Governor Ron DeSantis recently signed the "Property Rights" bill (HB 621), which intends to protect homeowners against squatters. These new squatter laws will protect property owners from unauthorized occupancy and provide legal mechanisms for eviction, property reclamation, and damage.

How House Bill 621 Protects Homeowners from Squatters

The goal of House Bill 621 (or HB621) is to provide property owners more protection against the risk of squatting. These newly started squatter laws limit the potential for squatters to claim legal ownership of properties through continuous unauthorized occupation.

They also provide better legal mechanisms for eviction and property reclamation. Now that HB621 has been approved, property owners can request immediate action by the sheriff’s office to remove any unauthorized persons who have entered their property.

"If you're the victim of squatting, you can simply fill out a form, give it to your local sheriff, and the sheriff is instructed to go and remove the people who are inhabiting your dwelling illegally. And that will happen very quickly," Governor DeSantis explained.

However, it’s important to note that property owners will be charged an hourly fee for this service.The following conditions have to be met in order to request the local authority’s help in removing squatters:

  • Proof that the individuals have unlawfully entered and occupied the property;
  • Proof that the individuals have been requested to leave the property by the owner but haven’t done so
  • Proof that the individuals are not current or former tenants, or currently in a legal dispute with the owners.

Another great thing about House Bill 621 is that it’s created criminal charges for squatters. A person who tries to occupy a property without the owner’s explicit consent will be penalized. The penalties include:

  • Making false assertions in writing to acquire property ownership or deliberately presenting a forged document transferring property rights is a first-degree misdemeanor.
  • Selling or renting a property without being the legal owner or with permission from the owner is a first-degree felony.
  • Anyone who trespasses or unlawfully occupies a residential dwelling and willfully causes $1,000 or more in damages faces a second-degree felony.).

House Bill 621 is set to go into effect on July 1, 2024. Understanding this law and the new procedures to evict squatters will provide Florida property owners with more protection and peace of mind.

Conclusion

Squatters pose a major threat to homeowners, including the risk of losing the title of their property. Luckily, several states are now working towards creating laws that protect property owners from squatters. Florida’s House Bill 621 is a great example. This recently signed bill makes it harder for squatters to claim ownership of a property.

HB621 allows owners to request the help of local authorities to remove unauthorized occupants from their homes without having to go through a long eviction process. This not only saves time but also provides homeowners with more peace of mind.

Do you have any questions about Florida’s new squatter laws? Contact Suncastle Property Management today! Our team will be happy to help you.

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