A new Florida law provides homeowners with a new tool to remove illegal squatters from their homes or rental property. For many years, “squatters” have illegally occupied homes and then abused the civil justice system to frustrate the owners’ attempts to recover their property. Attempts to invoke the assistance of law enforcement have been frustrated by squatters’ false assertions that they are tenants, requiring the property owners to incur the expense and delay of a court ejectment action. Without a court order, law enforcement officers would not arrest or remove the trespassers. Horror stories have been reported throughout Florida, including within gated communities and condominiums.
In response, the legislature created a new remedy to remove squatters. Fla. Stat. 82.036 authorizes property owners or their agents to remove illegal occupants from residential dwellings without a court order. There are a number of specific requirements to use this procedure:
- the squatters must have illegally entered the property; in other words, this remedy does not apply if the squatters were invited guests or tenants;
- the squatters cannot be immediate family members of the property owner; and
- there cannot be any pending litigation between the property owners and squatters.
To request immediate removal by law enforcement, the property owner or agent must submit a sworn complaint using this form.
The sheriff is required to verify the complaint, including property ownership. To expedite this process, you should attach a copy of the recorded deed to the property with the Complaint. After verification, the sheriff must personally serve notice demanding the squatters vacate the property. If the squatters are not present, the notice can be served by posting at the property. The sheriff may charge fees to serve the notice.
The law does not permit a property owner to disturb the peace or use self-help. If the property owner agent wrongfully removes a person using this process, they may be sued for damages incurred by the occupants, including three times the rental value of the home and attorneys’ fees.
Additionally, the new law makes it a crime to damage an illegally occupied home or create false documents, such as a lease with the intent to illegally use someone’s home. Advertising a home for lease or sale is also now a crime if you are not the owner or authorized agent.
Hopefully, this procedure will provide an efficient means to protect homes.
