Guest Blog. Florida’s New Anti-Squatter Statute: What Residential Property Owners Need to Know

Guest blog by Adam Edgecombe, J.D.

On July 1, 2024, Florida Statute § 82.036, entitled Limited Alternative Remedy to Remove Unauthorized Persons from Residential Real Property, took effect.  This new statute provides residential real property owners with new rights for removal of squatters, including a streamlined, summary process to effectuate physical removal of the squatter.  The statute should provide much-needed relief for owners facing squatters in their properties.

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What is a squatter?

A squatter is someone who occupies land or buildings without the owner’s permission or other legal right. Usually, squatters will target vacant or abandoned properties, where there is little supervision or management by the rightful owners, and, in some cases, may try to gain legal ownership and reside there permanently.  Before passage of the new law, the presence of a squatter could lead to lengthy and complex litigation regarding ownership, during which time the rightful owner of the property could not put it to productive use.  

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How does the new squatter law help property owners?

Under the new statute, if an owner finds a squatter in his property, he provides an affidavit to the local sheriff’s office (the form for the affidavit is provided in the statute) confirming that there is an unlawful occupant on the property.  An officer from the sheriff’s office will then come to the property, confirm the owner’s proper ownership of the property at issue (or that the person who filed the affidavit is an agent of the proper owner), and eject the unlawful tenant.  If the property owner has filed the affidavit wrongfully, the tenant can sue the owner and obtain a judgment for three times the rent provided in the lease, plus attorneys’ fees and costs.  Conversely, a squatter who forges a lease or other proof of residency may face first-degree misdemeanor charges; causing $1,000.00 or more in damage to the property now constitutes a second-degree misdemeanor as well. 

This new statute may also help give a boost to property values.  With the protections offered by the new statute, buyers can rest assured that, even with suspect properties, they will not get tied down in lengthy lawsuits against squatters.

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An ounce of prevention is worth a pound of cure

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However, this new statute can only do so much to protect property owners.  The best way to keep squatters from occupying a property is to ensure that the property is managed and handled professionally; regular inspections and maintenance of the property go a long way to preventing squatters from occupying a property.  And, of course, ensuring that the property’s doors and windows are secured and have working locks will also go a long way to preventing squatters, so that the owner never even has to invoke the protections of the new law.  

Further, property owners should be cautious when allowing tenants to occupy their property on a month-to-month basis after a lease expires.  In that situation, there would not be a current, enforceable lease.  So, if the tenant does not vacate the property timely upon expiration of his right to occupy the property, it would be difficult for the property owner to claim and/or prove such tenant is a squatter and have him removed quickly.

As this is a new statute, there is scant case law at this time to indicate how the statute will be interpreted and enforced.  It will be interesting to see how the law develops around this new statute.

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Expedited squatter laws have been passed in 10 states in the past two years with more states following suit! Check our interactive map to see if your state is affected. 

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Have questions for attorney Adam Edgecombe regarding squatter challenges?

 JOIN OUR WEBINAR WITH ADAM EDGECOMBE! It’s free, and there will be a live Q&A with Adam, a nationally recognized expert in eviction law. 

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About Adam Edgecombe, J.D.

Adam joined Cobb & Gonzalez, PA in January 2023, and practices in the areas of landlord/tenant and real property litigation, construction litigation, and general business law. A  lifelong resident of Jacksonville, Adam was appointed by the mayor to serve on the City's Public Nuisance Abatement Board, a quasi-judicial board that handles problem commercial properties. Adam was elected vice-chair of the Board in February 2023. He’s also an active member of the Jacksonville Bar Association and serves on the Board of the Chamber's Downtown Council.

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