Florida's New Law on Squatter's Rights - A Fight for Private Property Rights
Florida property owners have long struggled with squatters—unauthorized people living in homes without permission. Squatting can lead to lost rent, property damage, and legal headaches.
Before 2024, it was difficult to remove squatters because of unclear laws. Police often said it was a “civil matter,” and owners had to go through long, frustrating court processes.
This shifted with the enactment of HB 621 in 2024. Florida Statute Chapter 83 of Florida’s landlord-tenant laws does not directly address squatters. However, the new law helps property owners regain control of their homes more easily through legal action.
We will go over the topic as a whole with a focus on:
- Florida law squatter's right
- the eviction process in Florida
- Adverse Possession Florida law and legal claims
- How to remove a squatter
Let's examine this new legislation more closely and understand its significance.
Legislators in The State of Florida Take a Stand with Squatting Laws
To protect property owners, the Florida Legislature passed House Bill 621—a new squatter law effective July 1, 2024. Often called the Florida squatters’ law, this legislation strengthens private property rights and sets a precedent for other states.
During the 2024 Legislative Session, lawmakers passed HB 621. This law makes it faster to remove unauthorized occupants who do not pay rent or own the property legally. It empowers law enforcement to act quickly in benefit of the true owner and helps clarify how to deal with squatters.
The bill, called “Property Rights,” got support from both parties. This shows how serious the squatting problem is for Florida property owners.
Importantly, this law does not apply if the occupant had legal permission to live there at some point.
Florida is taking the lead, but this issue is spreading across the U.S. More states will likely suggest similar laws in their 2025 sessions.
Thanks to HB 621, property owners now have clear guidelines to protect their rights and act against illegal occupants.
What is a Squatter
A squatter is someone who lives in a vacant or abandoned property without the owner’s permission and refuses to vacate the premises. This is illegal because they have no legal right to be there.
You might think it’s trespassing, but there is a bigger picture with dealing with how to get rid of a squatter.
However, in some cases, squatters can claim adverse possession. This legal rule lets someone gain ownership if they live on the property long enough and pay property taxes.
If the person had permission to stay at some point (like a former tenant), different rules apply. Laws vary by state, but the concept of adverse possession dates back to old English law.
Do Squatters Have Rights in Florida
Property owners often ask, “Do squatters genuinely have rights?” In Florida, the answer comes down to a legal concept called adverse possession.
Under Florida law, Chapter 95, Section 95.18, a person can claim ownership of property. This means they can say they own something even if they do not have legal ownership.
To do this, they must meet certain requirements. These include living on the property openly and continuously. In some cases, they may also need to pay property taxes.
While this may sound surprising, it’s not unique to Florida. Other states, like Oregon, also have similar laws based on adverse possession. We’ll explore how different states handle this later in the blog.
How to Claim Adverse Possession in Florida
To claim adverse possession in Florida, you must meet certain legal requirements. A helpful way to remember these is the acronym OCEAN:
- Open and Notorious: Your use of the property must be obvious—not hidden—so the real owner could notice if they checked.
- Continuous: You must use the property without interruption for a certain number of years (usually 7 years in Florida).
- Exclusive: Only you control the property. Sharing it with the owner or others usually disqualifies your claim.
- Actual: You must physically use the land—like living there, building, or farming. Just saying you own it isn’t enough.
- Hostile: You occupy the land without the owner’s permission. This doesn’t mean you’re being aggressive—it just means the owner didn’t agree to it.
Overview of the New Squatters Bill in Florida
On March 27, 2024, Governor Ron DeSantis signed HB 621 into law. This law gives property owners and property managers more power to quickly remove squatters. It also gives law enforcement clear steps to take when dealing with unauthorized occupants.
Key Highlights of HB 621:
- Faster Evictions: Owners can now remove squatters without a lease or legal rights. In some cases, squatters must leave within 24 hours of notice.
- Protection from Property Damage: If squatters damage the home, owners can now seek payment for repairs.
- Stricter Penalties: Squatting has become a major offense. Repeat offenders or organized groups can face up to 20 years in prison.
This law is a significant advancement in protecting private property in the State of Florida.
Preventing Squatters in Florida - 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 or as HOA to watch your property if it is vacant, and to report anything suspicious.
- Post “No Trespassing” Signs: These written notice 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 through their services.
2025 Proposed Squatter Laws in United States
- Texas: State leaders are advocating for House Bill 32, which aims to expedite the eviction process. However, critics argue it could make it easier to evict tenants without due process.
- New Jersey: Legislation is under consideration to allow for the immediate removal of unlawful residents.
- Ohio: A bill permitting the immediate removal of unlawful occupants is currently in committee.
- South Carolina: Proposed legislation aims to authorize the immediate removal of squatters.
- Oklahoma: A bill addressing squatting issues is under consideration in the state legislature.
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. How long until squatters rights are everywhere in the United States.
How Allegiant Management Group Helps Property Owners with Florida Squatter Rights Claims
Allegiant Management Group specializes in property management across Central Florida and has experience handling squatter-related issues.
If you have an unauthorized person in your rental property, our team can help. We can issue notices and work with legal experts. Time matters, especially since evictions or unlawful detainer cases can take over 30 days.
Here’s how we support property owners:
- Legal Support: We work with skilled lawyers to help you remove squatters quickly and effectively.
- Routine Inspections: Regular property checks help prevent unauthorized occupation before it starts.
- Thorough Tenant Screening: We screen all tenants carefully to reduce the risk of future issues and lease violations.
- Vacant Home Management: We monitor vacant properties ensuring you have peace of mind that your investment remains protected.
Let our team take the stress out of dealing with squatters or tenants that refuse to leave the property and protect your property with expert care.
Protecting Your Property from Squatters 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. Thankfully, the rental market will change forever because of these new protections
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 property management company knows the laws well. Our team often travels to Tallahassee, FL, and Washington, D.C. We stand up for landlords and private property rights.
Protect your private property rights with expert property management.
Watch Our Video: All About The New Squatters Law in Florida
Frequently Asked Questions (FAQs) - New Florida Squatter Law
What is a squatter?
A squatter is a person who occupies land or property without legal permission, ownership, or a lease agreement. Squatters may attempt to claim ownership through adverse possession if they meet specific legal requirements over time.
What are squatters rights?
Squatters’ rights allow someone to gain legal ownership of property through adverse possession by occupying it openly, exclusively, and continuously without permission for a statutory period—7 years in Florida with specific legal conditions met.
What is the new law in Florida about squatters?
In 2024, Florida passed a law allowing property owners to remove squatters without a court order. Owners can request law enforcement to immediately remove unauthorized occupants who entered unlawfully and refuse to leave, bypassing the lengthy eviction process.
Why do squatters have rights?
Squatters have rights to encourage landowners to monitor and use their property and to prevent land from remaining idle. Adverse possession laws reward continuous, open, and unchallenged use, promoting productive land use and legal resolution of long-term occupancy.
Can I physically remove a squatter?
No, you cannot physically remove a squatter yourself. Use legal procedures such as eviction or law enforcement under new Florida law. Self-eviction may lead to criminal or civil liability for unlawful removal.
How to evict squatters?
Evict squatters by serving a formal eviction notice, then filing an unlawful detainer action in court. If approved, secure a possession writ. Law enforcement must execute the writ to legally remove the squatters.
How do you claim squatters’ rights?
Claim squatters’ rights by occupying property openly, exclusively, and without permission for the required time—7 years in Florida. File adverse possession forms, pay property taxes, and maintain continuous possession to meet legal standards.
What are the 5 requirements for adverse possession in Florida?
Florida requires five elements for adverse possession:
- Hostile possession without permission
- Actual possession using the land
- Open and notorious use, visible to others
- Exclusive control, not shared
- Continuous possession for 7 years
How to file for adverse possession in Florida?
File for adverse possession in Florida by submitting a completed DR-452 form to the county property appraiser. Include property details, possession start date, and proof of tax payments. Maintain continuous, qualifying possession for 7 years.
Can you turn off electricity on squatters?
No, you cannot legally turn off electricity to remove squatters. Disrupting utilities is considered a “self-help” eviction and is illegal in Florida. Use proper legal channels to remove unauthorized occupants.
How can you remove a squatter?
Remove a squatter by serving a formal eviction notice, filing an unlawful detainer action in court, and obtaining a writ of possession. Law enforcement must execute the writ to legally remove the squatter from the property.
Disclaimer: This article provides information only and does not intend to serve as legal advice. Please consult an attorney for any legal advice regarding squatting issues.
Blog Updated 04/25/2025
