The New Florida Squatters Law Went Into Effect on July 1, 2024

A Fight for Private Property Rights

Property owners in Florida have faced many challenges with unauthorized individuals occupying residential properties and refusing to leave. This problem, known as squatting, creates financial and legal issues for the owner. This is not addressed in landlord-tenant laws. Squatting often leads to lost rental income, property damage, and legal issues. The eviction process is often slow and frustrating.

To address these concerns, the Florida Legislature passed HB 621, a new squatters law in Florida, effective July 1, 2024. This law strengthens property owners' rights and makes the eviction process in Florida faster for unauthorized occupants.

What is a Squatter?

A squatter is someone who lives in an abandoned or uninhabited property without the owner's permission. Squatting is illegal because the squatter has no right to the property. However, in some cases, squatters may claim ownership of a property through a rule called adverse possession.

This means that if someone lives openly in a property for a period of time or certain number of years and pays property taxes, they might gain ownership depending on the amount of time. If the squatter had permission at some point, different rules apply.

These laws vary by state, but the idea of adverse possession goes back centuries to English law. The term color of title means the squatter has no legal ownership.

Do They Have Rights?

In Florida, squatters’ rights are governed by the legal concept of adverse possession, which allows someone occupying a property they don’t own to potentially claim ownership if they meet specific legal requirements. These rights are outlined in Florida Statutes Chapter 95, particularly Section 95.18.

Open and notorious possession is a key part of adverse possession. This means that the person’s use of the property is obvious and not hidden. Learn more about open and notorious possession. 

Other states, such as Oregon, follow similar principles of adverse possession. We’ll explore how other states address squatters and their rights later in this blog.

Key Elements of Adverse Possession in Florida

To successfully claim adverse possession, the claimant must demonstrate the following criteria (commonly abbreviated as “OCEAN”):

• Open and Notorious Possession: The occupation of the property must be visible and obvious. The true owner should be able to notice that someone is occupying their land if they were to inspect it.
• Continuous and Uninterrupted Use: The claimant must use the property consistently for a statutory period (varies by state, often 5-30 years). Breaks in possession could reset the clock.
• Exclusive Possession: The claimant must have exclusive control of the property. Sharing possession with the true owner or others typically invalidates the claim.
• Actual Possession: The claimant must physically use the property, such as living on it, building on it, or farming it. Simply claiming it without tangible occupation is insufficient.
• Hostile Possession: “Hostile” does not mean aggression. It indicates that the possession is without the owner’s permission. Depending on the jurisdiction, this can range from trespassing to mistakenly believing you own the land.

Overview of the New Squatters Bill in Florida

On March 27, 2024, Governor Ron DeSantis signed HB 621 into law. This squatters law in Florida helps property owners remove unauthorized occupants more easily and gives local law enforcement clearer guidelines to rid properties of squatters.

Key parts of the law include:

• Immediate Evictions: The new HB 621 law gives owners a faster way to evict squatters who do not have legal rights or a lease agreement. Under certain conditions, squatters must leave within 24 hours of receiving an eviction notice.
• Protection Against Damage: Squatters often damage properties, which owners must fix before renting or selling. The new law allows property owners to seek payment for damages caused by squatters.
• Increased Penalties for Squatting: The law sets tougher penalties (up to 20 years) for those caught illegally occupying properties. Repeat offenders or organized squatting groups may face severe consequences, including long-term prison sentences.

Squatting as Protest: A Historical Perspective

Squatting is usually illegal, but it has also been used as a form of protest. Squatting movements have taken place worldwide to draw attention to housing shortages, poverty, and homelessness. These protests highlight questions about land rights and inequality, and they have sometimes led to changes in housing policy.

Some well-known squatting movements include:

• Lower East Side Squats in NYC: In the 1980s and 1990s, squatters occupied abandoned buildings in New York’s Lower East Side to protest the lack of affordable housing.
• London’s Frestonia Squatters: In the 1970s, squatters in London’s Freston Road protested poor housing conditions and influenced the debate on affordable housing.
• Barcelona Okupa Movement: In Spain, activists known as Okupas opposed housing shortages and corporate control of vacant buildings.

How Allegiant Management Group Helps Property Owners

Allegiant Management Group specializes in property management in Central Florida and has experience handling squatting issues. Here’s how we can help:

• Legal Guidance: We work with experienced attorneys to help property owners remove squatters quickly.
• Regular Property Inspections: Regular inspections prevent squatters from occupying your property.
• Thorough Tenant Screening: We conduct background checks to minimize risks of renting to problematic individuals.
• Vacant Home Management: We offer vacant home management services.
• 24/7 Support: Our property management team is available around the clock.

Preventing Squatters: Tips for Property Owners

Here are tips for keeping squatters away from your property:

• Regular Visits: Visit or inspect your property regularly.
• Secure the Property: Lock all entry points and consider installing security cameras.
• Engage Neighbors: Ask neighbors to watch your property if it is vacant.
• Post “No Trespassing” Signs: Signs can support your case if squatters try to claim adverse possession.
• Hire a Property Management Firm: Professional property managers can help monitor your property.

What About Other States?

• Arkansas: Squatters can claim property after 7 years if they have not hidden and have paid property taxes.
• California: After 5 years, squatters can claim property if they have lived there openly, paid taxes, and made improvements.
• Montana: Squatters must occupy property for 5 years and be the only resident.
• Tennessee: Squatters must occupy property for 7 years, pay taxes, and may need to go to court if the owner tries to evict them.
• Utah: After 7 years, squatters can claim land if they pay property taxes.

Next up is squatters' rights in Alabama. Alabama squatting law will soon come to fruition.

Conclusion: Protecting Your Property with Professional Management

The New Florida Squatters Law (HB 621) offers much-needed protection for property owners. Other laws are coming soon, including the new BOI Reporting starting on January 1, 2025. The Florida new squatter law is a great way for all to have a better understanding of how to gain their private property back Most are thankful for the new squatters law in Florida. 

Contact us today to learn more about how we can help with property management and the new law. Our team is well versed in legislative activities and actually regualry go to Tallahassee, FL abd Washington D.C. to advocate for our landlords, and private property rights. 

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