Florida Squatter Law

System - Wednesday, May 4, 2022
Property Management Blog

Did you realize that a squatter in your Davie, Coral Springs, or other Florida house can eventually win complete ownership? They can do so by filing a successful eminent domain claim.

Although squatting is illegal, Florida courts have supported the capacity to lawfully own property through squatting. As a result, understanding squatters' rights is critical for protecting your property as a property owner.

We'll go over some frequently asked issues about squatters, their rights, and how to get rid of them in this article.

Who Qualifies as a Squatter?

A squatter is referred to as someone who lives on someone else's property without their consent. They mainly live in foreclosed or abandoned residential properties. As a result, they pay no rent on the property.

Squatters have rights, but they must first satisfy all adverse possession criteria. If they do not cooperate, they might well be labeled criminal trespassers.

What is Trespassing?

Trespassing is when someone enters another person's property without their consent. Trespassing, unlike squatting, is usually considered a criminal offense. Squatting becomes a felony only when the owner proves that the squatter is not welcome on their land.

Can a Holdover Tenant File an Adverse Possession Claim?

First and foremost, what is a holdover tenant? Someone who declines to renegotiate their lease agreement is known as a holdover tenant.

Depending on whether you, the landlord, continue to accept rent payments, this type of renter may become an illegal trespasser. When continuing to receive rent, the tenant will reside in the property "at your will." This means you have the power to evict them at any time.

If you no longer want the occupant on your property, you must stop collecting rent from them. You must also file an unlawful temporary restraining order case in addition to refusing to accept rent. If the court determines in your favor, the sheriff will be ordered to expel the tenant from your property.

Also Read: When Tenants Want To Break Their Lease: A Guide to Early Termination for Landlords

What is the Color of the Title?

This means having a hue of title denotes 'irregular' property possession. "Irregular" in this situation means the lack of at least one of the legal papers. After asserting adverse possession, a squatter can claim the color of the title successfully.

Is it Necessary for Squatters in Florida to pay Property Taxes to file an Adverse Possession Statement?

In a nutshell, yes! They must also pay property taxes as one of the other prerequisites for filing an ownership claim. If a squatter does not have the color of the title, they must present documentation that they have been paying property taxes for at least seven years.

Florida Squatters’ Rights

Squatters who meet the fundamental qualifications can claim legal ownership of your land. One of these requirements is that the squatter has lived on the property for at least 7 years without interruption.

How to Get Rid of Squatters in Your House

Removal of squatters from a property is not governed by any specific laws. So, if you want to get rid of squatters, you'll have to go through the eviction process.

An eviction in Florida, like everywhere else, starts with a notice. An eviction notice simply tells the tenant of the infraction they've done. Also, the amount of time they have to solve the problem or quit the premises.

The Bottom Line

We are well-versed in Florida laws at Ackley Florida Property Management. Our top aim is to provide peace of mind to property owners in Florida through competent, dependable property management. For further information, please contact us immediately.