New Florida Squatters Law Effective 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 of the real property.  

In the past, people found it challenging to get rid of squatters with the lack of clarity. Since the state signed the new Florida squatters law in 2024, things have improved Florida’s landlord-tenant laws, specifically Chapter 83 of the Florida Statutes, did not address the issue of squatters. 

Squatting often leads to lost rental income, property damage, and legal issues. When taking possession of the property, they rarely care of the outcome fro the property owner. 

Before the Governor signed HB 621, Florida property owners often faced risks because of the lack of removal guidelines. When police officers would respond to calls of squatting, they would usually refer it back as a civil issue. 

Forcing property owners to go through the court system, and the eviction process is often slow and frustrating. Waiting for the court order or writ of posession can feel like forever. 

Florida Legislators Take a Stand 

To address these concerns, the Florida Legislature passed HB 621 known as the squatters bill during the 2024 Session. The bill now a new squatters law in Florida, effective July 1, 2024. This strong law helps property owners' rights. 

It also speeds up the eviction process in Florida. This applies to unauthorized occupants who do not pay rent or have legal ownership.

Both chambers of the Florida Legislature passed House Bill 621, titled “Property Rights.” Lawmakers agreeing across the board on any issue, is something that doesn't happen that often. Fortunately, the lawmakers  made the right decision this time. This issue has been effecting Florida property owners, way to often. 

Florida is not alone, this is a active issue all across the United States. The State of Florida was just the first Legislature to adress this issue with most support on the property owner side. You can bet other states will follow suit in their 2025 Legislative Sessions. 

The bill did not apply should the occupant have lived on the property legally at some point. You are probably wondering how to remove squatters from property they are occupying. Thanks to this bill, it made the guidelines much clearer, providing clarity for all on how to address this issue. 

What is a Squatter?

A squatter is someone who lives in an abandoned or vacant 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 certain number of years and pays property taxes, they might gain ownership.

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.

Do They Have Rights?

Property owners always ask, when were squatters’ rights created and why? We will take a closer look at the history behind this, to better understand the full picture. The answer is not exactly clear as one would think. 

In Florida, the legal concept of adverse possession establishes squatters' rights. This legal process lets someone living on a property they don’t own claim ownership. They can do this if they meet certain legal requirements.

Florida Statutes Chapter 95, particularly Section 95.18, outlines these rights.

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 or adverse possessor must show the following criteria, often called “OCEAN”:

• Open and Notorious Possession: The occupation of the property must be obvious and not hidden. The true owner should be able to notice that someone is occupying their land if they were to inspect it.
  
  
• Continuous Use: The person must use the property for a period of time and regularly without breaks. This must happen for a set time, usually between 5 and 30 years, depending on the state. Interruptions in possession may restart the statutory period.
  
  
• Exclusive Possession: The claimant must have exclusive control of the property. Sharing possession with the true owner or others typically voids the claim.
  
  
• Actual Possession: The person must actively use the property, like living on it, building on it, or farming it. Simply claiming it without tangible occupation is insufficient.
  
  
• Hostile Possession: The term “hostile” does not imply 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. The squatters law in Florida makes it easier for property owners to remove unauthorized occupants. The state law also provides clear rules for local law enforcement to handle squatters.

Key parts of the law include:

• Immediate Evictions: The new HB 621 law lets owners evict squatters without legal rights or a lease agreement faster. 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.
  
  

How Allegiant Management Group Helps Property Owners

Allegiant Management Group specializes in property management in Central Florida and has experience handling squatting issues. Our property management company is able to assit if you run into a squatting issue at your rental property. Here’s how we can help:

• Legal Guidance: We work with experienced attorneys to help property owners remove squatters quickly with legal action. Our attorneys are experts in this field. Their main goal is to protect the rights of our property owners, should they face this kind of situation.
  
  
• Regular Property Inspections: Regular inspections prevent squatters from occupying your property. Regularly checking the property and doing physical inspections can help prevent illegal occupation.
  
  
• Thorough Tenant Screening: We conduct comprehensive background checks to minimize risks of renting to problematic individuals. This can circumvent lease violations, and many different issues down the line.
  
  
• Vacant Home Management: We offer vacant home management services. This allows property owners peace of mind because professionals monitor their vacant properties.
  
  

Preventing Squatters: Tips for Property Owners

Here are tips for keeping squatters away from your property:

• Regular Visits: Regularly visit or inspect your property to prevent illegal occupation.
  
  
• Secure the Property: Lock all entry points and consider installing security cameras.
  
  
• Engage Neighbors: Ask neighbors to watch your property if it is vacant, and to report anything suspicious.
  
  
• Post “No Trespassing” Signs: These 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.
  
  

Next up is squatters' rights in Alabama. Alabama squatting law will soon come to fruition. Most states are using Florida's law as a guide. 

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 helps people better understand how to reclaim their private property. Many are grateful for this new law.

Contact us today to learn more about how we can help with property management and the new law. Our team knows the laws well and often travels to Tallahassee, FL, and Washington, D.C., to stand up for landlords and private property rights.

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