Are Squatters Right or are Squatters Wrong?
Squatters’ rights, also known as adverse possession, can confuse both property owners and tenants. These laws try to balance two goals: protecting property owners while giving people a chance to use abandoned land.
If you own property in Florida, it’s important to stay informed. Knowing the laws can help you avoid losing your property to squatters.
Define a Squatter
A squatter is someone who lives in an empty or unused property without permission.
At first, it sounds like simple trespassing. But under certain conditions, squatters may eventually gain legal rights to the property through a process called adverse possession.
A squatter might claim ownership if they:
Live on the property for a certain number of years
Improve or maintain the property
Pay property taxes
Treat the property as their own
If these actions happen over time without the owner’s interference, the squatter might have a legal case.
How Squatters Can Claim Ownership
The rules for squatters’ rights change from state to state. In Florida, squatters can claim a property through adverse possession if they live there continuously for at least 7 years.
Key terms to know:
Color of Title: When a squatter claims ownership without official documents.
Unlawful Detainer: A legal action a property owner must file to remove a squatter (different from regular eviction).
Because these cases can be complicated, property owners should talk to a lawyer or work with a property management company to protect their rights.
Legal Criteria for Adverse Possession Laws in Florida
To win an adverse possession case, squatters must meet strict legal requirements:
Continuous Possession: Living there for 7 straight years without major gaps.
Open and Notorious Possession: Their presence must be obvious to anyone, including the owner.
Hostile Possession: Being on the property without permission.
Exclusive Possession: Not sharing the property with the owner or others.
Actual Possession: Physically living there, making improvements, or paying taxes.
Tenant Without a Lease (Holdover Tenants)
Sometimes, tenants stay after their lease ends. In Florida, if a landlord accepts rent from them, they may become month-to-month tenants.
Without a written lease, though, landlords can give proper notice and begin eviction if needed.
How Property Owners Can Protect Themselves
Secure the Property: Install good locks, fences, and security cameras.
Inspect Regularly: Visit the property often to spot problems early.
Post “No Trespassing” Signs: Helps deter squatters and strengthens your legal case.
Pay Your Property Taxes: Avoid giving squatters a way to claim ownership.
Hire a Property Manager: Professional managers can maintain the property and handle legal risks. Ask about our Vacant Home Management Services.
“Squatters Rights vs. Tenant Rights” Comparison Chart
Feature | Squatter | Tenant |
|---|---|---|
Permission to Occupy | No – enters without permission | Yes – has permission through a lease or agreement |
Legal Relationship to Owner | None | Yes – landlord-tenant relationship exists |
Right to Stay | Only through adverse possession claim over time | Yes, until lease ends or landlord gives proper notice |
Pays Rent | No (unless attempting to commit fraud) | Yes, based on lease agreement |
Can Claim Ownership? | Yes, through adverse possession (after meeting strict laws) | No, unless pursuing rare legal actions like ownership rights through special agreements |
Removal Process | Must file unlawful detainer or trespass action | Must follow formal eviction process |
Notice Requirements | May not need much notice (depends on situation) | Required notice period (7–15 days depending on tenancy) |
Legal Protections | Few protections (unless adverse possession is successful) | Strong protections under landlord-tenant laws |
Risk to Property Owner | High – property loss risk if owner does not act quickly | Moderate – financial loss if tenant fails to pay or damages property |
Common Examples | Unauthorized person moving into a vacant house | Lease ends, tenant stays month-to-month or stops paying rent |
How Can a Property Manager Assist in Protecting Property Owners?
A property management company can:
Market your property to attract tenants faster
Set competitive rental rates
Handle maintenance, rent collection, and disputes
Perform regular inspections
Know local laws to avoid legal mistakes
Hiring the right property manager saves you time, money, and stress—and helps protect your investment.
Protect Your Property with Allegiant Management Group
Managing empty or rental properties isn’t easy. Allegiant Management Group offers expert property management services to help you:
Protect your real estate investments
Handle squatters and tenant disputes
Keep properties secure and well-maintained
Stay compliant with Florida law
Our team specializes in vacant property management, long-term rental oversight, and full-service property care across Kissimmee, Central Florida, and surrounding areas.
We manage everything—maintenance requests, rent collection, financial reports, legal compliance, inspections, and more—so you can relax.
Contact Allegiant Management Group today to learn how we can help safeguard your property!
Watch Our Understanding Squatter Rights and Laws Video
Frequently Asked Questions (FAQs) - Why Squatters Rights in Florida
What are squatters’ rights in Florida?
Squatters can claim property through adverse possession after living there openly and continuously for seven years and paying property taxes.
Do squatters need to pay property taxes to claim ownership?
Yes. In Florida, paying property taxes for 7 straight years is required.
What can landlords do about unauthorized tenants?
Review the lease, send a written notice, and if needed, begin legal eviction steps.
How do you evict holdover tenants in Florida?
Landlords must give 7 days’ notice for weekly leases or 15 days’ notice for month-to-month leases before starting eviction.
How do I prevent squatters from taking over a vacant property?
Secure all doors and windows, post “No Trespassing” signs, use cameras, and inspect often—or hire a property management company.
What’s the difference between a squatter and a trespasser?
A squatter lives there and may claim the property. A trespasser enters without permission but doesn’t intend to stay.
Can you fight an adverse possession claim?
Yes. Owners can go to court to prove squatters didn’t meet the legal rules.
Should I hire a property manager for vacant homes?
Definitely. They help prevent squatters, maintain the property, and handle any legal issues that arise.
Disclaimer: This blog provides general information and is not a substitute for legal advice. Always consult an attorney for guidance specific to your situation.
Blog Updated: 04/26/2025
