As of July 1st, 2024, significant changes are coming to Florida’s squatters rights laws, altering how the state handles cases of unauthorized occupancy of residential properties. Historically, the legal landscape surrounding Florida’s squatters’ rights laws has been complex, allowing individuals to occupy vacant homes they do not own and, within a short timeframe, establish a tenant-like status. However, with the implementation of the new law, all squatters will be treated as criminal trespassers, marking a fundamental shift in the legal framework governing this issue.

Understanding the Previous Law

Under the old law, individuals who occupied empty homes without permission could assert squatters’ rights after just 30 days of continuous residency. This meant that squatters could effectively establish a landlord-tenant relationship with the homeowner, making it challenging for property owners to reclaim their properties through civil means. Once squatters obtained tenant status, they could only be legally removed through the civil eviction process, prolonging the resolution of disputes and causing significant frustration for property owners.

The Impact of the New Law

The introduction of the new law represents a departure from the previous approach to squatters’ rights in Florida. Under the updated legislation, all instances of unauthorized occupancy will be treated as criminal trespassing, a criminal offense in the state. As a result, matters involving squatters will now be litigated in criminal courts rather than civil courts, streamlining the process for property owners to regain possession of their properties and ensuring that squatters are held accountable for their actions.

Key Changes and Considerations

Criminal Offense: Squatting will now be classified as criminal trespassing, shifting the legal framework from civil to criminal law. This change empowers law enforcement agencies to take swift action against squatters, deterring unauthorized occupancy and protecting property rights. Prior to the new law, if property owners attempted to remove a squatter, the squatter had the right to call law enforcement to have the property owner arrested for illegal eviction. With the new law, the criminal trespasser is now the squatter and property owners can press charges to have a prosecutor try squatters as criminals in court.
Faster Resolution: By transitioning squatter disputes to criminal courts, the new law aims to expedite the resolution process for property owners. Instead of navigating the complexities of civil eviction proceedings, homeowners can rely on law enforcement agencies to enforce trespassing laws and remove squatters from their properties efficiently.
Enhanced Protections for Property Owners: The revised legislation provides greater protections for property owners by simplifying the process of removing squatters and restoring their property rights. With squatters now classified as criminal trespassers, property owners can expect a more streamlined and effective legal recourse in cases of unauthorized occupancy.

By reclassifying squatters as criminal trespassers, the new law aims to provide property owners with the necessary legal tools to protect their properties and ensure a fair and efficient resolution process. As these changes take effect, property owners and tenants alike should familiarize themselves with the updated legal landscape to navigate any potential disputes effectively.

Under the updated legislation, all instances of unauthorized occupancy will be treated as criminal trespassing, a criminal offense in the state. As a result, matters involving squatters will now be litigated in criminal courts rather than civil courts, streamlining the process for property owners to regain possession of their properties and ensuring that squatters are held accountable for their actions.

The Importance of Being Proactive

The changes to Florida’s squatters’ rights laws represent a significant step towards safeguarding property rights and expediting the resolution of disputes involving unauthorized occupancy. However, property owners can still be inconvenienced by squatters despite the act now being considered criminal. The most effective way to avoid the threat of squatters is to proactively put countermeasures in place to make squatting in a property more difficult. Landlords can, for example, use locks that are non-drillable, non-pickable and cannot be pried open. While these locks cost considerably more, the cost that squatters can incur far outstrips the cost of a secure lock.

Another way to proactively protect your property is to consult an experienced real estate lawyer with knowledge of state and local property laws and ordinances. Having an attorney advise you on steps you can take to protect your property investment, communicate with the squatters or the squatters’ legal counsel and liaise with local law enforcement and the district attorney’s office, can give you peace of mind.

South Florida Law

The complexities of Florida real estate law can make it difficult to navigate without the support of experienced legal counsel. If you find yourself involved in a dispute with a potential squatter, be sure not to “go it alone”. Here at South Florida Law, we have boutique firm attention to detail with the big firm resources necessary to take on complex real estate matters in which your rights as a property owner are being violated. If you are experiencing legal difficulties as an owner of a Florida property, call us today at 305.900.8885 or reach out via our contact form.