Navigate Squatters' Rights in Central Florida
Squatters' rights, also known as adverse possession, can be a perplexing topic for property owners and tenants alike. This article aims to shed light on squatters' rights in Florida, detailing what squatting entails, the rights of squatters, and how property owners can protect themselves from potential disputes.
What is Squatting?
by Zoshua Colah
Squatting refers to the act of occupying an abandoned or unoccupied property without the owner's permission. Squatters often move into these properties and treat them as their own, sometimes even making improvements. While squatting is illegal, squatters can gain legal rights to the property under certain conditions.
What Are Squatters' Rights?
Squatters' rights, or adverse possession, allow a person to gain legal ownership of property if they occupy it for a specified period without the owner's permission and meet certain legal criteria. In Florida, a squatter can claim ownership of a property if they have possessed it for at least seven years and have met other legal requirements.
Legal Criteria for Adverse Possession in Florida
For squatters to claim adverse possession in Florida, they must meet several criteria:
Continuous Possession
The squatter must have occupied the property continuously for at least seven years. This means they cannot have left the property for extended periods during this time.
Open and Notorious Possession
The squatter's occupation of the property must be obvious to anyone, including the owner. They cannot hide their presence on the property.
Hostile Possession
Hostile possession means that the squatter is occupying the property without the owner's permission. It does not necessarily mean the squatter has ill intent.
Exclusive Possession
The squatter must possess the property exclusively, meaning they are not sharing it with others, including the owner.
Actual Possession
The squatter must physically occupy the property and treat it as their own. This can include making improvements, paying property taxes, and maintaining the property.
Tenant Rights Without a Lease
In Florida, tenants without a lease also have certain rights. A tenant who stays in a rental property after their lease has expired, known as a holdover tenant, can still have legal protections.
Holdover Tenants
A holdover tenant is someone who remains in a rental property after their lease has expired. In Florida, if the landlord continues to accept rent from the holdover tenant, the tenant is considered to have a month-to-month tenancy. The landlord must provide written notice to terminate this tenancy, typically 15 days before the end of the rental period.
Eviction Process for Holdover Tenants
If a landlord wants to evict a holdover tenant, they must follow the legal eviction process in Florida. This involves providing the tenant with a written notice to vacate the property. If the tenant does not leave, the landlord can file an eviction lawsuit in court.
How Property Owners Can Protect Themselves
Property owners can take several steps to protect their properties from squatters and adverse possession claims.
Secure the Property
Ensure that the property is securely locked and not easily accessible. This can include installing fences, locks, and security systems.
Regular Inspections
Regularly inspect the property to ensure it is not being occupied by squatters. This can help identify any issues early and allow the owner to take action before squatters can claim adverse possession.
Post "No Trespassing" Signs
Posting "No Trespassing" signs on the property can serve as a deterrent to potential squatters and provide legal grounds for removing trespassers.
Address Issues Promptly
If squatters are discovered on the property, take immediate action to remove them. This can include contacting local law enforcement and seeking legal advice.
Maintain Property Taxes
Pay property taxes regularly. In Florida, one of the criteria for adverse possession is that the squatter must pay property taxes for seven years. By maintaining property taxes, the owner can prevent squatters from meeting this requirement.
Real-World Examples
Case Study: The Williams Family
The Williams family owned a vacation home in Florida that they visited only a few times a year. During one of their visits, they discovered that a squatter had moved into their property and had been living there for several months. The squatter claimed adverse possession, but the Williams family had maintained property taxes and had records of their visits, proving that the squatter had not met the continuous possession requirement. They were able to remove the squatter through legal action.
Case Study: Urban Property Dispute
In an urban area of Florida, a property owner found that a squatter had moved into one of their vacant properties. The squatter had been living there for over seven years, made improvements, and paid property taxes. The property owner had not inspected the property regularly or posted "No Trespassing" signs. The squatter was able to successfully claim adverse possession and gained legal ownership of the property.
Conclusion
Understanding squatters' rights in Florida is crucial for both property owners and tenants. Squatting, while illegal, can lead to legal ownership through adverse possession if specific criteria are met. Property owners should take steps to secure their properties and regularly inspect them to prevent squatters from making adverse possession claims. Tenants without a lease also have rights and protections under Florida law, and landlords must follow the legal eviction process to remove holdover tenants. By staying informed and proactive, property owners can protect their investments and avoid potential disputes. A new law regarding squatting went into effect in Florida on July 1, 2024. For more information, check out our blog here.
Protect Your Property with Allegiant Management Group
Understanding and navigating squatters' rights in Florida can be complex and daunting. Protect your investment and avoid potential disputes by partnering with Allegiant Management Group. Our experienced team is dedicated to helping property owners secure their assets and prevent adverse possession claims. We have been acknowledged as one of the best property management companies in Kissimmee, Florida.
Don't wait until it's too late—take proactive steps to safeguard your property today!
Contact Allegiant Management Group now to learn more about our property management services and how we can help you protect your investment.
Disclaimer: The information provided is for general informational purposes only and is not legal advice. I am not an attorney. For legal advice, please consult a qualified attorney. This information does not create an attorney-client relationship.
