The New Florida Squatters Law Went Into Effect on July 1, 2024

Property owners in Florida have long faced challenges with unauthorized individuals occupying residential properties and refusing to leave. This issue, often referred to as squatting, places an undue financial and legal burden on the property owner. Squatting can result in lost rental income, property damage, and legal complications. In many cases, the eviction process can be slow and cumbersome, leading to further frustration for property owners. To address these growing concerns, the Florida Legislature passed HB 621, a new squatters law in Florida, effective July 1, 2024. This law strengthens property owners' rights and streamlines the eviction process in Florida for unauthorized occupants.

What is a Squatter?

A squatter is someone who occupies an abandoned or uninhabited property without the owner’s consent. Squatting is illegal in most cases because the squatter has no legal right to the property. However, in some rare cases, squatters can claim ownership of a property through a legal principle known as adverse possession. For squatters to gain ownership, they must meet strict legal criteria, including continuous and open use of the property for a certain number of years and payment of property taxes. If a squatter lived at a property legally at some point, that is handled differently. We will review that later.These legal requirements vary from state to state, but adverse possession is a complicated legal principle that has been around for centuries, dating back to English common law.

Squatters often target vacant properties left unattended for long periods. These properties are especially vulnerable if the owner does not conduct regular inspections or live nearby. As a result, property owners may find it challenging to reclaim their property without going through a formal eviction notice. In many states, including Florida, the burden of proof is on the property owner to demonstrate that the squatter is occupying the property illegally, which can lead to long and expensive court battles. This is a problem not only in Florida but throughout the United States. When were squatters' rights created and why? Let’s take a deeper look into this.

Overview of the New Squatters Bill in Florida

On March 27, 2024, Governor Ron DeSantis signed HB 621 into law. This new squatters law in Florida aims to assist property owners in removing unauthorized occupants more efficiently and provides clearer guidelines for local law enforcement. Under the previous legal framework, law enforcement was often hesitant to get involved in squatter situations without a court order, making the process slow and cumbersome. Now, with more authority given to police, they can act quickly in situations where squatters are occupying properties without a legal claim.

Key provisions of the law include:

• Immediate Evictions: The new state law HB 621 gives property owners a faster route to evict squatters who do not have legal ownership or unlawfully occupy the real property and cannot brandish a lease agreement. This reduces delays in the legal process. Under certain conditions, squatters must vacate the property within 24 hours after receiving the eviction notice.
• Property Damage Protection: Squatters often cause damage to properties, which owners must repair before renting or selling. The new law enables property owners to seek restitution for damages caused by squatters during their illegal stay. In addition to physical damages, squatters may also leave behind unpaid utility bills or cause nuisances that make the property less appealing to future tenants.
• Increased Penalties for Squatting: The law imposes stricter penalties (up to 20 years) for those caught illegally occupying properties, aiming to deter future squatters and protect property owners. This means that repeat offenders or organized squatting groups may face severe consequences, including long-term imprisonment or heavy fines. These tougher penalties send a clear message to individuals contemplating illegal occupation.

Squatting as Protest: A Historical Perspective

While squatting is often associated with illegal activities, it has also been used historically as a form of protest. Squatting movements have emerged in various parts of the world, drawing attention to housing shortages, economic inequality, and homelessness. Some of these movements, such as those in New York and London, have left a lasting impact on urban policy, forcing governments to confront the realities of housing crises. Often, these protests raise important questions about the distribution of land, wealth, and the rights of property owners versus those of marginalized communities.

Some of the most famous squatting movements include:

• The Lower East Side Squats in New York City: During the 1980s and 1990s, abandoned buildings in New York’s Lower East Side were occupied by squatters who opposed the city’s lack of affordable housing. These squatters were often activists and artists who transformed dilapidated buildings into vibrant community spaces, although the legal battles that followed were often contentious.
• London’s Frestonia Squatters: In the 1970s, a group of squatters in London’s Freston Road declared independence from the UK in protest of poor housing conditions. They eventually gained a degree of legitimacy and influenced public discourse around affordable housing and urban renewal.
• The Barcelona Okupa Movement: In Spain, the Okupa movement grew out of opposition to housing crises and corporate ownership of vacant buildings. These activists sought to highlight how speculative real estate practices left many buildings empty while ordinary people struggled to find affordable housing. This movement was part of a broader critique of capitalism and inequality.

Though squatting as a form of protest highlights broader societal issues, the new law primarily targets unauthorized occupancy of private homes and rental properties. It’s essential to know the difference between common law and law on squatters, and legal squatters’ rights in various regions, such as squatters rights Alabama. For property owners, understanding these distinctions can be the key to protecting their assets.

How Allegiant Management Group Helps Property Owners

At Allegiant Management Group, we specialize in property management in Florida and have extensive experience handling legal matters such as squatting. Navigating the new legal landscape can be overwhelming, but we have the expertise to guide property owners through the complexities of eviction laws and property protection. We help property owners navigate the complexities of the new law and protect their investments. Here’s how we can assist:

• Legal Guidance: We collaborate with experienced attorneys to guide property owners through the eviction process, ensuring squatters are removed as quickly as possible. With an experienced legal team, property owners can avoid costly delays and mistakes that may arise from handling squatter cases improperly.
• Regular Property Inspections: Regular inspections are key to preventing squatters from occupying your property. By conducting routine checks, we can identify and address any potential issues before they escalate. Property inspections also help deter squatters, as they are less likely to target a property that is regularly monitored.
• Thorough Tenant Screening: We conduct background checks on potential tenants, minimizing the risk of leasing to problematic individuals. Ensuring that tenants are thoroughly vetted before signing a lease can reduce the risk of unauthorized occupants taking advantage of weak tenant screening processes.
• Vacant Home Management: We offer vacant home management services. These services can be customized for your needs. This includes property inspections and making sure the property is secure and maintained. Our team will also handle any necessary repairs or upkeep, making the property less attractive to squatters.
• 24/7 Support: Our property management team is available around the clock to address concerns and act quickly if squatters are identified on your property. This real-time support ensures that property owners never feel alone in handling squatter-related issues.

Preventing Squatters: Tips for Property Owners

Even with the new law in place, it’s important for property owners to take proactive steps to prevent squatters from targeting their properties. Below are some practical tips:

• Maintain Regular Visits: Regularly visit or inspect your property to deter squatters. If you can’t do this yourself, hire a property management company. This helps ensure no one has lived on the property unauthorized for an extended period. In addition to inspections, consider driving by the property frequently to check for signs of illegal occupation.
• Secure the Property: Ensure all entry points are securely locked. Consider installing security cameras or alarms. Proper lighting around entryways and windows can also act as a deterrent, making it less likely for squatters to break in unnoticed.
• Engage Neighbors: Ask neighbors to keep an eye on your property if it remains vacant. Neighbors are often the first to notice if someone is occupying a property illegally, and they can alert you or local authorities immediately.
• Post “No Trespassing” Signs: Posting visible legal notices can support your case in court if squatters attempt to claim adverse possession. Signs can also act as a warning, letting squatters know that the property is being monitored and legal action will be taken against unauthorized occupants.
• Hire a Property Management Firm: Professional property managers help monitor and manage your property, preventing unauthorized occupants. A property management firm can take the necessary steps to ensure that the property is maintained, secure, and free of illegal occupants.

What about other states?

• Arkansas: Squatters can claim property after 7 years if they haven’t hidden and have paid property taxes. Only one person can claim adverse possession per property.
• California: After 5 years, squatters can claim property if they’ve continuously lived there, paid taxes, made improvements, and the owner didn’t attempt eviction.
• Montana: Squatters must occupy property for 5 years, claim title, and be the sole resident. The owner must be aware, and legal steps may be required.
• Tennessee: Squatters must occupy property for 7 years, pay taxes, and may need to go to court if the owner attempts eviction.
• Utah: After 7 years of continuous occupation and paying property taxes, squatters can claim land. Adverse possession usually applies to only one person per property.

Conclusion: Protecting Your Property with Professional Management

The New Florida Squatters Law (HB 621) provides much-needed protection for property owners, streamlining the eviction process to remove squatters and empowering law enforcement to act more quickly. We are expecting other states to follow suit, with laws such as squatters rights Alabama expected to gain more attention. As more states address the challenges posed by squatting, it will be important for property owners across the country to stay informed about changes in legislation.

At Allegiant Management Group, we offer professional property management services to help keep your property secure and address any issues related to squatters. From legal assistance to routine inspections, our team is dedicated to ensuring your property is protected and well-maintained.

Contact us today to learn more about how we can assist with your property management needs, including navigating the new law or if you have unauthorized occupants.

Frequently Asked Questions

Watch Our Video Explanation