Squatters' Rights in Florida: Laws & Protections

When you buy an investment property, your goal is to make money and build equity. It can be disconcerting to learn of the many laws that can stop you from turning a profit - such as the legal process required to evict a tenant who isn’t paying rent. Squatters’ rights can also be problematic, especially if the individual manages to stay on your property long enough to obtain title to it.

A squatter is a person who unlawfully occupies your property. To remove them you will need to file an unlawful detainer action, which is distinct from an eviction proceeding because the squatter is not a tenant. If you fail to take action to remove the squatter, then they could potentially lay claim to your property.

At Eaton Realty, we understand the complexities surrounding owning an investment property in Florida. We offer comprehensive property management services to help you with your day-to-day needs as a landlord - as well as more thorny issues like squatters. If you’re interested in how we can manage your investment properties in Hillsborough County, give us a call.

Avoid Dealing With Squatters On Your Own. Speak With Our Property Managers › 813-672-8022

 

 

WHAT IS A SQUATTER?

A squatter is a person who occupies a piece of property or land without the permission of the owner. The stereotype of a squatter is a person who comes onto your property while it is vacant and sets up a home there. For example, when a soldier based in Florida was deployed to Afghanistan, a stranger moved into his Pasco County home. He ultimately had to go through a lengthy legal process to remove the man from his property.

Squatters can also be people who are known to you, such as a former romantic partner, a friend, or even a family member. If you allow a down-on-their-luck friend to move into your place to get on their feet and they refuse to leave when you askthem to do so, they are considered a squatter.

Some squatters may end up on your property because of a scam. A person may advertise your property for rent without having any legal right to do so - and the person you view as a squatter may actually be a person who was duped into paying someone else money for rent and a security deposit. Even if they were victims of fraud, however, they are still considered squatters. If you have a squatter on your property, there isn’t always an easy fix. Generally, if they refuse to leave when you ask them to do so, then you will have to obtain a court order to get them out of your house. This process can be both expensive and time-consuming.

SQUATTING VS TRESPASSING

Squatting is similar to trespassing in some respects, but trespassing is a more temporary issue - such as someone coming onto your property to vandalize it. Trespassing is a criminal matter, while squatting is handled by the civil legal system.

Why Do Squatters Have Rights?

It might seem unfair or unjust to give squatters rights when squatting is not legal in Florida. However, there is a very good reason squatters have been granted rights by the state government. The primary purpose of giving squatters rights is to avoid vigilante justice.

The government does not want property owners taking matters into their own hands, because landowners may then resort to violence to remove a squatter from their property. Even without intent to inflict harm, a heated engagement may escalate to violence. Violence is never good for the safety and security of any community.

Giving squatters rights allows the courts to settle disputes and provide justice within the court system. This keeps all disagreements and conflicts civil to avoid unnecessary brutality.

THE DIFFERENCE BETWEEN TENANTS AND SQUATTERS

There is often confusion about whether a particular person is a tenant or a squatter. This distinction is important because the process to remove a tenant - eviction - is different from what you need to do to remove a squatter.

As a general rule, if there was money or rent exchanged to live at the property or writing that sets out how long the person can stay, then they will probably be considered a tenant. If they did not pay you and you don’t have any type of agreement, then they may be a squatter. A Florida real estate attorney can help you determine if the person in question is a squatter or a holdover tenant.

If a tenant refuses to leave at the end of their lease period, then you will need to take action in order to evict them. You should refuse all rent payments, as accepting money could create a month-to-month lease. You should also start the eviction process to get a writ of possession from a local court. Alternatively, you could offer a cash for keys deal to motivate the tenant to leave.

SQUATTERS’ RIGHTS IN FLORIDA

Squatting is not legal in Florida. However, squatters still have certain rights. As an initial matter, you can’t simply change the locks or get the sheriff to throw them out of the house. You will have to go through the legal system to get them off of your property.

ADVERSE POSSESSION

Perhaps more importantly, squatters can gain legal title to your property through adverse possession if you do not take action against them. Adverse possession is a legal concept that allows a person to take possession of land even though they otherwise have no legal right to it. This often occurs when a neighbor uses a part of your land - but can also happen if a squatter moves onto your property.

The law presumes that the holder of the title of a piece of real estate is the owner. However, a person can make an adverse possession claim by proving that their possession was:

1. Hostile (without permission and against the right of the true owner);
2. Actual (exercising control over the property, such as by living on it);
3. Exclusive (in their sole possession);
4. Openly visible and notorious (not hiding their occupancy);
5. Continuous for a period of 7 years or longer;
6. Protected by a substantial enclosure, cultivated, maintained, or improved.

A person seeking to make an adverse possession claim must also have paid all outstanding taxes and any special improvement liens on the property within one year of taking possession. They must also file a form with the Department of Revenue.

ADVERSE POSSESSION CLAIM CONDITIONS

The seven adverse possession claim conditions may still seem a bit vague. We elaborate further on each of the seven conditions below.

HOSTILE POSSESSION

Hostile possession sounds like violence or aggression would be involved, but that isn't necessarily how the law defines hostile possession. In Florida, hostile possession of a property occurs when an individual:

• Is aware they are trespassing and occupy the property anyway, or;
• Wholeheartedly believe they own the land or are entitled to it.

Thus, hostile may not refer to the use of force. Hostile possession could be the result of bad deeds or unclear property boundaries.

ACTUAL POSSESSION

Actual possession under Florida law is two-fold. First, the claimant must actually physically occupy the property. Second, the claimant must treat the property as if they were the actual owner. This means performing routine property maintenance and upkeep work.

EXCLUSIVE POSSESSION

Exclusive possession is one of the most important considerations in an adverse possession case. Often, when squatters occupy a property, they tend to live in groups. One squatter can't claim ownership from the others unless the squatter can prove that they are one family or a group that is together. If there is more than one group on the property, then the claimant can't claim exclusive possession.

OPEN & NOTORIOUS POSSESSION

For a squatter to maintain open and notorious possession, they need to be living on the property as if they rightfully lived there. This means that if the squatter is caught trying to hide or conceal their presence on the property, the possession won't be found to be visible and notorious.

CONTINUOUS POSSESSION

Continuous possession of the property must be held for seven years or more before a squatter can file a claim. During the seven years prior to the date of a claim, the squatter must have lived on the property continuously without any interruption. If the squatter vacated the property for any amount of time during the allotted period, then the possession won't be found to be continuous.

PROTECTED, CULTIVATED, MAINTAINED, OR IMPROVED

The final requirement for adverse possession is that the property be protected by an enclosure, cultivated, maintained, or improved. A squatter won't be able to claim possession of undeveloped land without any sign of development, maintenance, or improvement.

TIME REQUIREMENTS FOR ADVERSE POSSESSION CLAIMS

The prospect of losing ownership to a squatter is scary. Fortunately, it is difficult to assert an adverse possession claim in Florida. A squatter must occupy a property for seven consecutive years before they can submit an adverse possession claim. Landlords that diligently monitor their properties can catch and remove a squatter long before seven years have passed.

If you believe that someone is illegally occupying your property, you should immediately take steps to remove them - which may include sending a letter or taking legal action to enforce your rights.

HOW CAN I LEGALLY REMOVE A SQUATTER?

Unfortunately, you cannot just throw a squatter out of your house. You will have to go through the court process. This is known as an unlawful detainer action.

Unlawful detainer lawsuits are not the same as eviction proceedings. Squatters are not tenants, and as such, they are not protected by Florida’s landlord-tenant laws. You do not have to provide a squatter with any form of written eviction notice before filing an unlawful detainer action.

An unlawful detainer is filed in the county court where the property is located. Given the nature of this type of action, the timeline is expedited. After the lawsuit is filed and served on the squatter, they will have 5 days to respond to it. If they don’t respond within 5 days, then a judgment will be entered against them.

If a court finds that the defendant squatter acted willfully and knowingly, then they will award you damages in an amount that is double the reasonable rental value. This is in addition to any other money that you may be awarded to damage to your property.

Given the potential for an adverse possession action, it is important that you don’t simply ignore any squatters on your property. You should work with a lawyer to enforce your rights as the true owner of the property.

Florida Trespassing Laws

While trespassing is treated differently in the eyes of the law than squatting, squatting can still be a form of trespassing. Understanding the state’s trespassing laws can provide you with the knowledge you need to be able to properly protect your property from unwanted intruders. There are two types of trespassing in Florida:

• Trespassing in structure or conveyance: This type of trespassing occurs when someone enters into a building or home without authorization.
• Trespassing on property other than a structure or conveyance: This type of trespassing occurs when an individual enters private vacant land without authorization.

To prove that an individual is guilty of trespassing, the following must be proven beyond a reasonable doubt:

• The individual wilfully entered and remained on the private property.
• The property was owned or legally possessed by the individual pressing trespassing charges.
• Notice of private property was provided either verbally or in writing. Signs of cultivation or fencing can also serve as signs of private property.
• The individual trespassing was never given permission (either express or implied) to enter the property by anyone authorized to provide permission.

If anyone enters your property without permission from you or any of the property co-owners they are considered to be trespassing. If you ask them to leave and they do not, they can be charged with criminal trespassing, which could result in fines or prison time.

HOW CAN I KEEP SQUATTERS AWAY FROM MY RENTAL PROPERTIES?

The process to remove a squatter - and to fight an adverse possession claim - can be costly and time-consuming. Keeping your property free from squatters is a much better way to avoid these types of hassles. You can do this in a number of ways.

PERFORM REGULAR PROPERTY INSPECTIONS

Regularly inspecting properties can help you monitor for squatters. Regardless of squatters, we recommend regularly inspecting properties to make sure nothing is damaged or in need of repair. Most occupied rentals are inspected every three to six months. You may want to inspect vacant properties with a greater frequency. We recommend inspecting vacant rental properties once a month.

INSTALL SECURITY EQUIPMENT

Installing more secure lock hardware for windows and doors can keep squatters from accessing the inside of your property. You can also install security cameras and alarm systems to be alerted when an unwelcome guest enters your house.

POST NO TRESPASSING SIGNS

A sign may not do as much as some of the other recommended preventative measures, but it can give you more legal recourse in some cases. Florida Statute 810.011 states that a notice against entering or remaining should be posted on property that exceeds five acres, isn't fenced, or is under five acres, but doesn't contain a dwelling. Even if a sign doesn't need to be posted on your property, it may still be worth doing so to potentially ward off unwanted visitors.

PERFORM REGULAR MAINTENANCE WORK

Squatters are more likely to try to enter a house that appears to be empty. If you maintain the exterior of the property so that it looks like someone lives there, you'll reduce the risk of squatters targeting your home for refuge.

PAY PROPERTY TAXES

Remember that squatters must pay property taxes to make an adverse possession claim. They can't pay property taxes if you're already paying them. Therefore, paying property taxes and keeping up-to-date on property tax bills is a great defense against an adverse possession claim.

CONSIDER HIRING A PROPERTY MANAGEMENT COMPANY

If you own multiple properties or don’t live near your investment properties, it can be hard to keep tabs on what exactly is going on with them. In this situation, the best way to prevent squatters is to hire a property management company.

A property management company can help you find a reliable tenant and check on the property regularly toensure that no one has moved into your home without your permission. In the greater Tampa Bay region, contact Eaton Realty to learn more about our property management services.

HOW EATON REALTY CAN HELP PROTECT YOUR RIGHTS AS A PROPERTY OWNER

Being a landlord can be stressful enough without worrying about a squatter moving into your home unlawfully - or even attempting to claim title to your property! If you have squatters, then you must follow the law to remove them from your house. A property management company can help you avoid having squatters in the first place.

Based in Lithia, Eaton Realty works with landlords throughout Hillsborough County to market your properties, find great tenants, perform maintenance, and more. With significant experience in all aspects of Florida real estate, we have the knowledge and skills to help you turn a profit as a landlord. To learn more about what we can do for you, fill out our online contact form or call our office at 813-672-8022.

Florida Squatting Laws FAQs

Is Squatting Considered Trespassing Under Florida Law?

While squatting can be a form of trespassing, the two are viewed differently in the eyes of the law. Trespassing is handled by the criminal courts while squatters’ rights cases are handled by civil courts. If an individual occupies or lives on the property, they will be treated as a squatter and not a trespasser.

Can Landlords Remove A Squatter Without The Courts?

Squatters are given rights to prevent landlords from taking matters into their own hands. Landlords should not attempt to remove a squatter on their own. Instead, they will need to go through the courts via an unlawful detainer lawsuit.

What Types Of Properties Are More Likely To Attract Squatters?

Squatters are drawn to homes that appear to be empty. If you have properties that are currently unoccupied, you can use timed lights and perform routine property maintenance to make the property look lived in.

Do Squatters Need To Pay Property Taxes To Claim Property?

The squatting laws in Florida are very clear. A squatter making an adverse possession claim needs to either have paid property taxes or possess a color of title for a successful adverse possession claim. Therefore, unless a squatter has a color of title, they will need to have paid property taxes for the entire duration of their possession.

What Happens If You Ask Someone To Leave Your Property & They Refuse?

Your course of action will depend on whether the individual has been living on the property or not. If they haven’t been living on the property, they are trespassing and you can file criminal charges. If they have been living on the property, they are squatting and you will need to file an unlawful detainer lawsuit.

Additional Articles You May Be Interested In

• A Guide To The Hillsborough County Eviction Process
• Ejectment Vs. Eviction Vs. Unlawful Detainer
• Free Florida Eviction Notice Template