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Squatting
Laws in Florida

First off, congratulations on buying

your first investment property.
You're about to embark on a
wonderful journey of earning
passive income for many years!

That said, it's important that you

keep an eye on your Florida rental
property from time to time. That's
because Florida is one of the states
with one of the highest prevalence
of squatters .

Squatters rights exist in Florida and

indeed in the rest of the country. As
a matter of fact, they can legally
claim ownership of your property
through an adverse possession
claim. An adverse possession claim
is a legal principle that may enable a
squatter to get legal ownership to a
building or a property so long as
they meet the basic requirements.

Who Exactly is a
Squatter?
A squatter is a person that occupies
a property or a piece of land without
a lawful permission. Basically, a
squatter is a person that live in the
property or on a plot of land without
actually being the owner or paying
rent.

Is Trespassing the
Same as Squatting?
Squatting and trespassing aren't
necessarily the same thing. In legal
eyes, trespassing is viewed as a
criminal offense, whereas squatting
is considered a civil matter.

That said, a squatter may also be

viewed as a criminal if you, as the
property owner, file for an unlawful
detainer lawsuit to evict them.

Is a Holdover Tenant
Considered a
Squatter?
Not at all! If a tenant refuses to leave
your Florida property once their
term comes to an end, you have two
options:

1. Continue refusing rent

payments: In this case, by
receiving the payments, the
fixed term lease becomes a
periodic tenancy. And,
needless to say, the tenant
lives on the property at your
own will.
2. Ask the tenant to leave: If
they leave your property within
the notice period, then great!
However, if they don't, you're
required to file an unlawful
detainer lawsuit to remove
them.

What Rights do
Squatters Have in
the State of Florida?
Squatters can lay claim to a property
(usually abandoned, foreclosed, or
otherwise unoccupied building)
after living in it for a continuous
period of time. In the state of
Florida, for an adverse possession
claim to be valid, a squatter must
have lived in the property for at least
7 years.

When they file for legal occupation,

they are no longer regarded as
criminal trespassers and have legal
authority to continue occupying the
property.

In the United States, there are 5

distinct legal requirements a
squatter must first meet before filing
for a legal claim to a property.

The possession must be:

1. Hostile : In legal sense, this

doesn't refer to anything
dangerous and doesn't allude
to the squatter having used
violent intentions to occupy
your property. Instead, it relies
on 3 distinct definitions:

One, the law defines 'hostile' as a

simple occupation. The trespasser
does not have to be aware of the
fact that the land or property
belongs to someone else.

Two, the law also defines 'hostile' as

awareness of trespassing. Here, the
trespasser is required to know that
their actions amount to a criminal
offense.

And lastly, the law defines 'hostile'

as a good faith mistake. This
assumes the trespasser is relying on
an incorrect deed to occupy the
land or property.

2. Actual Possession : To file for

a legal adverse possession
claim, the trespasser must also
actually take possession of the
land. They must be living there
and treat the property as if it
were their own, by maintaining
it or by beautifying it.

3. Continuous Possession :
Also, a squatter is required to
have lived in the property for
an interrupted period of time.
While different states have a
different requirement in this
regard, in Florida, the minimum
period for a squatter is 7 years.
Here, uninterrupted means that
the squatter may not leave the
property or parcel of land for
several weeks, months or even
years and then still claim
possession.

4. Exclusive Possession : With

this legal requirement,
squatters who file for an
adverse possession claim
shouldn't be sharing the
occupation or possession of
the property with other
squatters.

5. Open & Notorious : The

occupation of the property
must be obvious. The squatter
shouldn't try to hide the fact
that they live there. The actual
property owner should also be
able to tell that there is indeed
someone living at their
property.

Besides these 5 fundamental

requirements, squatters also need to
show proof that they have been
paying property taxes as well. So,
that means that the squatter must
have been paying taxes for the
property for the last 7 years.

How to Remove
Squatters in The
State of Florida
Unlike some states, Florida hasn't
enacted laws that are specific to
getting rid of squatters. Therefore,
to get rid of squatters in Florida, you
need to file an unlawful detainer
lawsuit. To file it, you must first
notify the squatter with an eviction
notice.

The following are the 3 eviction

notices in the state of Florida:

7-Day Unconditional Quit

Notice: This notice doesn't
give the tenant time to 'cure'
the violation. It's usually given
to a tenant that has committed
a serious lease violation such
as causing excessive property
damage.
3-Days' Notice to Quit or
Pay: This tells the tenant that
they have only 3 days to either
pay the due rent or leave. If
they don't do either of the two
options, you can go ahead and
file the unlawful detainer
lawsuit against them.
7-Days' Notice to Cure: This
is the notice to serve to a
tenant who has violated the
terms of the lease agreement.
It gives them a chance to 'cure'
the violation before an eviction
can be filed.

How to Prevent
Squatters from
Invading Your Home
In order to prevent squatters from
entering your Florida property,

Regularly inspect your property

for damages and signs of
squatters.
Always make sure to pay
property taxes.
Block all entrances, including
windows to prevent a squatter
from entering the property.

If you are battling an existing

squatter problem, then consider
hiring expert services from an
attorney or a professional property
management company.

At State Property Management, we

are well-versed in Florida tenancy
laws. Our goal is to keep our clients
happy by looking after their
properties and ensuring only the
best tenants rent them.

Contact us today.

Disclaimer: This blog should not be

used as a substitute for professional
legal advice from a licensed
atttorney.

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102
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Florida, 32819
(407) 634-2800

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