Florida Realtors - New Anti-Squatter Law Helps Protect Private Property Rights
A new law will become effective on July 1, 2024, that will help homeowners remove illegal squatters from property they own. It is intended to help owners reclaim their property quickly as long as certain conditions apply.
These conditions outline the requirements for requesting the immediate removal of a squatter from a home in Florida:
1) The requester must be the property owner or an authorized agent of the property owner.
2) The property being occupied includes a residential dwelling.
3) Squatter(s) have unlawfully entered, remain or continue to reside on the property.
4) The property was not open to the public when the squatter(s) entered.
5) The owner has directed the squatter(s) to leave.
6) The squatter(s) are not current or former tenants under a rental agreement authorized by the owner.
7) The squatter(s) are not immediate family members of the owner.
8) There is no pending litigation related to the property between the owner and any known squatter(s).
Meeting all of these conditions allows the property owner or authorized agent to ask the county sheriff for the immediate removal of the squatter(s) from the property.
The new law contains penalties to help prevent illegal squatter situations.
If a squatter detains, occupies, or trespasses on a home and intentionally causes $1,000 or more in damages, they commit a felony of the second degree.
Any squatter who knowingly and willfully presents a false lease agreement, deed, or other instrument communicating their right to be on the property, commits a misdemeanor of the first degree.
A person who advertises a home for sale, knowing that the supposed seller lacks legal title or authority to sell the property, commits a felony of the first degree.
A person who rents or leases the property to another person, knowing that he or she has no lawful ownership or leasehold interest in the property, commits a felony of the first degree.