Squatters’ rights and adverse possession in Florida often catch landlords off guard. Picture someone settling into a vacant Orlando rental and quietly staying long enough to claim ownership. Without consistent inspections or legal follow-up, this squatter’s claim could turn into a costly property dispute.
In this article, we’ll explain how squatters claim property, what Florida laws allow landlords to do, and how to stop squatting issues early on. Keep reading to protect your rental and stay ahead of potential legal issues.
What is a squatter?
A squatter lives on a property without the owner’s consent or a valid lease agreement, doesn’t pay rent, and doesn’t follow rental laws. Squatters often slip into vacant or foreclosed homes in Florida, hoping that long-term occupancy will eventually grant them ownership rights.
For example, a squatter might enter a duplex in Tampa and begin living there while the owner is away. Without a lease agreement, that person has no legal standing as a tenant. Under Florida law, they qualify as a squatter because they occupy the property unlawfully and without the owner’s permission.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers is crucial to handling unauthorized property access. Here are the main differences:
Squatters
- Settle into a property and stay long-term without the owner’s consent.
- Try to establish control or claim legal rights to the space.
- Can only be removed via formal eviction proceedings.
Trespassers
- Enter private property without permission, but leave shortly after.
- Have no interest in claiming ownership or long-term residency.
- Police in Florida can usually remove them immediately.
Simply put, squatters are unauthorized tenants, and landlords must evict them to get them to leave their properties. Meanwhile, trespassers make brief, unlawful entries that local law enforcement can handle right away.
You can find more details in this guide to squatters vs. trespassers.
What are squatters’ rights?
Squatters’ rights in Florida give someone the ability to claim ownership of property they occupy without consent. Florida’s squatters’ rights and adverse possession laws are especially important for landlords managing vacant or foreclosed homes.
Needless to say, squatters’ rights in Florida create real risks for landlords who overlook unauthorized occupants or delay enforcing property boundaries through proper inspections and legal action.
Can a squatter actually claim legal rights to a property?
Believe it or not, yes—squatters can claim legal rights to a property in Florida through a legal process called adverse possession. The method requires squatters to meet a series of hard-to-obtain prerequisites to claim property. With that in mind, landlords who secure vacant units, regularly inspect their properties, and keep up-to-date records can stop these claims long before they start.
Adverse Possession Laws in Florida
To succeed in an adverse possession claim, a squatter must meet specific conditions, as defined under Florida law:
Actual: The squatter must use or maintain the property as an owner would, including living on it and making repairs.
Open and notorious: The squatter’s occupancy must be evident to anyone, including the legal owner. If the squatter attempts to hide their occupancy, they likely won’t qualify for an adverse possession claim under Florida law.
Hostile: The squatter must occupy the property without the owner’s permission and in a manner hostile to the owner’s rights.
Exclusive: The squatter must live on and control the property alone, without sharing it with other squatters or the owner.
Uninterrupted: The squatter must occupy the property continuously for a set time period without any absences.
Supporting law: Fla. Stat. § 95.18
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Florida, a squatter must live on the property openly and continuously for at least 7 years. Any break in occupancy restarts the timeline, so if a squatter lives in a Miami home for 4 years before departing for a year, they could not claim adverse possession.
Importantly, if the squatter does not have a document known as a color of title, they must reside on the property for 20 continuous years to claim adverse possession.
Supporting law: Fla. Stat. § 95.18
Does the squatter need to have a color of title to claim adverse possession?
In Florida, a color of title refers to a faulty document that appears to transfer ownership, such as an old deed or court order that contains legal errors.
Squatters in Florida don’t need a color of title to pursue adverse possession, but having it will shorten the required occupancy period to 7 years.
Supporting law: Fla. Stat. § 95.18
Does the squatter have to pay property taxes for adverse possession in Florida?
In many states, squatters must pay property taxes to claim ownership. Florida is one such state. You can learn more about Florida property taxes at TurboTenant.
Paying property taxes is mandatory, even if the squatter has resided on the property for at least 7 years and has color of title. Landlords should closely review tax records to detect any suspicious payments that may signal a squatter is attempting to build an adverse possession claim.
Supporting law: Fla. Stat. § 95.18
How to Legally Remove Squatters from Your Property
If you discover a squatter living in your Florida property, you’ll need to act fast to remove them before they can establish an adverse possession case. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe enough to do so, attempt to resolve the situation directly. Offer a cash-for-keys agreement, help the squatter relocate, or set a firm move-out date. These steps can save you time and stress by avoiding an eviction.
Important: Never attempt a self-help eviction. As in other states, this is illegal in Florida and carries significant consequences, including fees and civil penalties.
Step 2: Get in Touch With Local Law Enforcement
Contact local law enforcement and request that an officer check the property and speak with the squatter. If the officer finds that the person qualifies as a trespasser, they can remove them immediately and return your property to you without the need for an eviction.
Step 3: Serve the Squatter a 3-Day Notice to Vacate
If officers cannot legally remove the squatter, then you must treat the squatter like a tenant under Florida law and initiate eviction proceedings. Serve the squatter a 3-Day Notice to Vacate, giving them 3 days to leave before filing for eviction.
Step 4: File a Complaint for Eviction Against the Squatter
If the 3-day deadline passes and the squatter still refuses to leave your property, you’ll need to file a Complaint for Eviction with the county court where the property is located. This filing officially initiates the Florida eviction process to legally remove the squatter from your rental.
Step 5: Present Your Case in Front of a Judge
Bring strong evidence of the squatting situation to your court hearing to strengthen your case. Judges in Florida require clear proof in your favor, such as:
- Property ownership records
- Photos or videos showing the unauthorized occupancy
- Written statements or testimony from neighbors regarding the squatter’s residence
- Documentation of any damages or expenses that the tenant caused
The squatter will also present evidence in their favor. They might bring documents such as a color of title or property tax receipts to prove long-term occupancy. You’ll need to thoroughly organize your records and explain your timeline so the judge confirms that you’re the rightful owner.
Step 6: Obtain a Writ of Possession, Authorizing Removal of the Squatter
Should the judge rule in your favor, the court will issue a Final Judgment for Possession. Afterward, the clerk of court provides a Writ of Possession, allowing the county sheriff to remove the squatter and return your property to you.
Once issued, the sheriff posts the writ on the property and gives the squatter 24 hours to leave. If they stay past the deadline, the sheriff will return and enforces removal according to Florida law.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
Using the Writ of Possession, the sheriff can legally remove squatters from your Florida property. If the squatter leaves any personal belongings on your property, you can dispose of them at the same time the sheriff enforces the Writ of Possession.
After regaining possession, secure your property right away. Change the locks, post “No Trespassing” signs, and schedule routine inspections to prevent future squatters.
Tips for Preventing Squatters from Occupying Your Property
The best way to prevent squatting situations is to protect your property. Follow these proven tips to keep your investment safe year-round:
Inspect the property regularly: Visit your rentals often, especially during vacancies. Routine inspections deter trespassers and help you catch maintenance or security issues before they become major problems.
Install security cameras: Set up visible cameras near doors and driveways. Obvious monitoring discourages squatters, and video footage also serves as clear evidence of trespassing.
Act quickly against trespassers: If someone enters your rental property without your permission, call law enforcement immediately. Taking action quickly prevents long-term occupancy and keeps trespassers from turning into squatters.
Secure all entry points: Reinforce your doors, replace any old or weak locks, and secure all accessible windows. Not only will this make it more difficult for squatters to move into your property, but it also signals that you’re paying close attention to your rental.
Maintain the property: Make sure you’re up to date on landscaping and mail, and consider installing motion-activated lights. A well-maintained home looks occupied, discourages squatters, and attracts upstanding tenants instead.
Fill vacancies quickly: Filling empty rental units minimizes vacancies and reduces the risk of squatters moving in. Advertise your rental property across multiple listing platforms to find qualified renters fast.
Screen future tenants thoroughly: When you rent out a property, always check every applicant’s background, income, and rental history using tenant screening tools. Careful screening helps prevent future vacancies and potential holdover tenants.
Digital Tools to Help Landlords Thwart Squatters
Whether you have a property in Tampa or Jacksonville, you can effectively manage squatters’ rights and adverse possession in Florida by staying informed and having the right tools.
Florida landlords should use reliable property management software to monitor vacancies, screen future tenants, maintain documentation, and prevent squatters from developing any semblance of a claim to the property.
Create your free account today to strengthen your defenses against squatters and keep your property secure throughout the rental process.
FAQs: Squatters’ Rights & Adverse Possession Laws in Florida
How long does it take a squatter to claim property rights in Florida?
A squatter can claim ownership through adverse possession only after living openly and continuously on a property for at least 7 years. The squatter’s residence must also be hostile and exclusive to qualify for adverse possession.
Can landlords remove squatters legally without taking legal action?
No, Florida landlords must always follow the formal eviction process to remove squatters. Police can only act immediately if the person is trespassing and has not established squatters’ rights. When removing long-term occupants, Florida landlords must involve the courts.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies a property without consent or a lease. A holdover tenant once had a valid lease, but refuses to leave after it expires. Florida landlords must pursue a legal eviction in both cases, but only the holdover tenant previously had legal standing to live on the property.
Can a landlord turn off power or change locks to remove a squatter?
No. Florida rental law bans self-help eviction methods such as cutting utilities, changing locks, or removing the squatter’s belongings. The local sheriff, armed with a court-issued Writ of Possession, is the only one authorized to remove a squatter.