How to Deal with Squatters in Florida

 Posted on April 26, 2026 in Real Estate

Imagine for a moment an unpleasant scenario for property owners. You paid for your property, either with cash or by taking on a mortgage. Either way, it was a financial burden that you took on thanks to many years of hard work and as a way to make extra income. However, because this is an investment property and happens to be empty for a time, you walk in one day and discover that someone is living there without any legal right or your permission: you have yourself a squatter.

Over time, they may attempt to claim legal rights on your property. If this is happening to you, it may be extremely frustrating and concerning, and you may be wondering what to do. The good news for property owners is that Florida recently tightened the law on "squatter’s rights." An experienced Fort Lauderdale, FL real estate attorney can advise you on dealing with squatters.

Why Does Squatting Happen?

Squatting can happen for many reasons, including a squatter moving into an empty or abandoned property or a foreclosed home. Squatting may sometimes be the result of a miscommunication or an error on a deed.

What is the Law on Squatters?

Squatting is not automatically a criminal offense in Florida. Squatters may also file an action for "adverse possession" to become the legal property owner under certain conditions, such as living in the property for at least seven years and paying taxes. For this reason, it is important for landlords to act quickly to evict a squatter. Landlords must follow Florida law in order to do so.

What Does Florida’s New Law on Squatters Provide?

Florida’s HB 621, which went into effect on July 1, 2024, makes it easier for Florida property owners to evict squatters. However, there are still legal procedures that landlords must follow.

Residential property owners can request that a sheriff immediately remove any person who has (1) entered their property unlawfully and continues to live in that property, (2) has been asked to leave by the owner and (3) refused to leave, (4) so long as the person is not a former or current tenant or family member and (5) the property was not open to the public when the squatter entered.

The law makes it a crime to make false written statements or provide false documents showing property ownership rights. It also makes it a crime to advertise the sale of residential real estate without owning it or having legal authority to do so.

Do Squatters Have Rights in Florida?

One of the first and most common questions property owners ask when they discover someone living on their property without permission is whether squatters actually have rights – and if so, why. In 2026, Florida law does recognize a legal concept called "adverse possession," which under certain conditions can allow a squatter to claim legal ownership of a property. However, the bar for meeting those conditions is high, and recent changes to Florida law have made it significantly harder for squatters to assert those rights.

What Is Adverse Possession in Florida?

Adverse possession is a legal doctrine that allows a person to claim ownership of land they have occupied openly and continuously over a period of time. Under Florida Statute section 95.18, a squatter must meet all of the following conditions to make a valid adverse possession claim:

• They must have occupied the property continuously for at least seven years.

• Their possession must be open, meaning they are not hiding the fact that they are living there.

• They must have paid all property taxes on the property during that period and submitted a return to the county property appraiser within one year of first occupying the property.

• Their claim must be hostile, meaning they occupy the property without the owner's permission.

These conditions exclude squatters as many people use the term, referring to homeless or vagrant populations setting up camp in or on someone’s private property. 

What Does This Mean for Property Owners?

Most property owners can be reassured that when it comes to evicting squatters, the law is on their side. The real risk is if a property owner does nothing. A squatter who provides false documents to claim property ownership can now face felony charges, but the longer a squatter remains on a property unchallenged, the more complicated removal can become. Florida's HB 621 was passed specifically to give property owners faster tools to act, and using those tools quickly is the best way to prevent any adverse possession claim from gaining traction. If you discover a squatter on your property, the worst thing you can do is wait.

Contact a Broward County, FL Real Estate Attorney

If you have a squatter living on your property, you may be feeling frustrated and seeking legal help. The experienced Oakland Park, FL real estate attorney at The Elliot Legal Group, P.A. can advise you on your rights in this situation and help you legally remove the squatter. Call our law firm for a consultation at 754-332-2101 today.