Squatters Rights in Florida: Everything You Need To Know

Squatters rights in Florida refer to the legal doctrine of adverse possession, which allows someone to claim ownership of a property they don’t legally own if specific conditions are met over a period of time. These laws are rooted in Florida’s Civil Practice and Remedies Code and require squatters to meet strict standards. If you’re a rental property owner, having landlord insurance in Florida can help protect against unexpected damage and legal risks.

What Are Squatters Rights?

In Florida, a squatter is someone who occupies property without the legal right to do so. Despite lacking permission from the owner, a squatter may eventually claim legal ownership through adverse possession. The claim isn’t automatic; it requires time, consistency, and compliance with specific legal requirements.

Why Do Squatters Have Rights?

The idea behind adverse possession is to encourage landowners to monitor and maintain their property. If someone occupies land in a way that is open, continuous, and adverse to the owner’s interests for a specific number of years, they may develop a legal right to ownership. Florida law sets a 7-year minimum for this process—shorter than in many states.

How Do Squatters Rights Work In Florida?

To claim adverse possession in Florida, a squatter must meet the following conditions, per Chapter 95.18:

• Hostile Possession: The occupation is without the owner’s permission.
• Actual Possession: The squatter physically occupies the property, using it as an owner would.
• Open and Notorious: The possession is visible and obvious.
• Exclusive: The squatter is the only one using the property.
• Continuous: The occupation must be unbroken for at least seven years.
• Property Taxes: The squatter must pay property taxes during this time to strengthen their claim.

Squatters Rights 30 Days: Is That Enough?

No. While many online rumors suggest squatters gain rights after 30 days, Florida law does not support that idea. A squatter must continuously occupy the property and pay taxes for at least 7 years before qualifying for adverse possession.

What Can Property Owners Do?

Property owners should be proactive in deterring squatters. That includes:

• Conducting regular property inspections
• Posting “No Trespassing” signs
• Keeping utilities off in vacant homes
• Filing eviction notices promptly if someone moves in without a lease

If a squatter refuses to leave, the owner may need to file an unlawful detainer lawsuit and get a court order. Florida law prohibits landlords from using self-help measures like changing the locks or turning off the water. Once a court rules in favor of the owner, law enforcement can help remove the occupant.

What Are The Risks For Squatters?

While squatters may have legal avenues to pursue ownership, the act of squatting can also be criminal. In Florida, knowingly squatting on residential property without consent can result in trespassing charges. Repeat offenses can lead to misdemeanor or felony penalties.

Recent Changes In Florida Law

Florida has taken steps in recent years to tighten laws around squatting. Statutes now make it easier for owners to reclaim properties, especially single-family homes. Paying property taxes and maintaining the property remain critical parts of a successful adverse possession claim.

Impact On Real Estate And Landlords

For landlords and real estate investors, squatters rights can be a liability. That’s why legal guidance, clear lease agreements, and landlord insurance are vital tools. If you’re hosting your property on Airbnb or short-term rental platforms, be sure to review your occupancy rules to avoid legal gray areas.

What States Have Squatters Rights?

All 50 states, including Florida, have some version of squatters rights through adverse possession. While the time frames and requirements vary, the underlying concept is the same: under certain conditions, possession can become ownership.

FAQs About Squatters Rights In Florida

Can a squatter claim my property after 30 days in Florida?

No. Florida law requires at least 7 years of continuous occupation, along with other conditions.

What if a squatter pays utilities but not property taxes?

Utilities alone don’t establish ownership. Paying property taxes is crucial to any adverse possession claim.

Can police remove a squatter without a court order?

Generally, no. Police require a legal eviction order unless a crime is being committed.

Does this apply during foreclosure?

Yes. If a home is in foreclosure and someone occupies it without legal rights, the owner or lender must go through the courts to remove them.

Is adverse possession easy to prove?

No. The burden of proof is high. Documentation, tax receipts, and long-term maintenance are all required.

Final Thoughts

Squatters rights in Florida reflect a balance between individual property rights and the state’s interest in encouraging land use. For landlords, knowing how these laws work is key to protecting your investment. Curious how Florida compares to other states? Check out our guide to the most landlord-friendly states.

If you’re a property owner in the Sunshine State, protect yourself with comprehensive landlord insurance in Florida. Get a quote from Steadily today.