Florida Squatters' Rights: How to Get Squatters Out, and How to Sell a House That Has Them

Squatter, tenant or trespasser?

Which process applies depends on how the person got there, not on how long they have stayed.

Can a squatter take your house?

Only through adverse possession, and Florida makes it hard. There are two versions.

• Without color of title (no paperwork, just occupation, Fla. Stat. § 95.18): the person must occupy the property continuously for 7 years. Within 1 year of moving in, they must pay all outstanding property taxes and special assessments. Within 30 days after that payment, they must file a sworn return with the county property appraiser on the state's form, which states in bold capitals that it "does not create any interest enforceable by law." Then they must keep paying the taxes for every remaining year.
• With color of title (Fla. Stat. § 95.16): the person claims under a recorded document that looks like it conveys the property, such as a defective deed, and occupies it for 7 years.

An owner who keeps paying the property taxes defeats a tax-based claim. If the owner pays a year's taxes before April 1 of the following year, the tax collector must accept the owner's payment and refund the claimant's within 60 days (Fla. Stat. § 197.3335). Occupying a house on an adverse possession claim before filing the return is trespass, and offering it for rent is theft (Fla. Stat. § 95.18).

The "30-day" myth: Florida has no rule that a squatter gains rights after 30 days, or after any short period. What changes the process is whether there was ever an authorized lease, not the calendar.

Removing squatters through the sheriff

The fastest route is Florida's 2024 squatter law, Fla. Stat. § 82.036. It applies only when all eight of these are true:

1. You are the owner, or the owner's authorized agent.
2. The property includes a residential dwelling. Vacant land alone doesn't qualify.
3. The person entered unlawfully and is still living there.
4. The property was not open to the public when they entered.
5. You have told them to leave.
6. They are not a current or former tenant under a written or verbal rental agreement you authorized.
7. They are not an immediate family member of the owner.
8. No lawsuit about the property is pending between you and any known occupant.

The steps:

1. Fill out the sworn complaint using the form set out in the statute. You initial each statement and sign under penalty of perjury. Attach a government ID, or proof that you're the owner's authorized agent.
2. Submit it to the sheriff of the county where the house is, and pay the fee. By law, the fee is the same as for serving a writ of possession, which is $90 in most counties (Pinellas, for example, charges $90). If you ask a deputy to stand by while you change the locks, the sheriff sets a reasonable hourly rate. Check your county sheriff's current fee before you go.
3. The sheriff verifies ownership and serves the occupants a notice to vacate immediately.
4. The sheriff puts you back in possession. You can change the locks, and the sheriff may stand by while you do. The sheriff can arrest occupants for trespass or other legal cause.

The risk is a false or careless complaint. If you remove someone the law doesn't cover, such as a real former tenant, they can sue for their costs and damages plus three times the home's fair market rent, and attorney's fees (§ 82.036). If there is any genuine dispute about a lease, use the court route below instead.

Commercial property has had its own version of this process since July 1, 2025 (Fla. Stat. § 82.037).

When the sheriff route doesn't apply

Some occupants fall outside § 82.036. Each has its own path.

• A former tenant or a holdover after the lease ended: this is an eviction under Florida's landlord-tenant law (Fla. Stat. ch. 83), filed in county court.
• A short-term guest who won't leave: if they were invited to stay briefly with no rent agreement, you can give law enforcement a sworn affidavit and they can direct the person to leave. If the person disputes it, the fix is an unlawful detainer case in court, which needs no presuit notice (Fla. Stat. § 82.035).
• Someone who claims a lease you never signed: a fake lease is a crime (see penalties below), but if the sheriff sees a genuine dispute, they may decline to act. Your attorney can file unlawful detainer or ejectment instead.
• A family member: § 82.036 excludes the owner's immediate family. Removal goes through the courts.

Penalties for squatters

The 2024 law, and a 2026 law on rental fraud, made squatting schemes serious crimes in Florida.

The 2026 law (chapter 2026-143, signed June 12, 2026) also lets a landlord end a lease obtained by fraudulent entry without giving the occupant a chance to fix it, whether or not criminal charges are filed. The occupant then has 7 days to leave (Fla. Stat. § 83.56(2)(a)).

What not to do

Owners who take matters into their own hands often end up as the ones being sued.

• Don't change the locks, cut the power or water, or remove belongings on your own while people are living there. Against anyone who turns out to be a tenant, that is illegal self-help, and the landlord owes actual and consequential damages or 3 months' rent, whichever is greater, plus attorney's fees (Fla. Stat. § 83.67).
• Don't threaten or use force. Let the sheriff do the removal.
• Don't sign the sheriff complaint unless every statement is true. A false complaint exposes you to triple-rent damages and perjury.
• Don't accept rent or sign anything with the occupants. Florida recognizes verbal rental agreements, so taking money gives them grounds to claim they're your tenant. A tenant is excluded from the sheriff process, and then only an eviction works.

Selling a house with squatters in it

You don't have to remove them yourself before you sell. Most retail buyers and their lenders won't close on an occupied house, but a cash buyer can.

• We buy the house with the occupants still in it. You sign, we close, and we take possession lawfully, at our cost, after closing.
• You skip the sheriff complaint, the court case and the repairs. Squatter damage, missing appliances and a trashed yard are priced in, not sent back to you to fix.
• This works for inherited houses too. Squatters often move into a house that has sat empty during probate. The estate's personal representative, or the heirs once title passes, can sign the sale. See our guide on selling an inherited house.

If you'd rather remove them first, use the sheriff process above, then sell. Either way, don't wait: occupants who stay longer cause more damage and more disputes about a "lease." See also our guide on selling a house with tenants or occupants.

Keeping squatters out of a vacant or inherited house

Empty houses are the ones that get taken. A few steps make yours a poor target.

• Keep paying the property taxes. That alone defeats almost any adverse possession claim.
• Make it look lived in: keep the yard cut, the mail collected and the porch light on a timer.
• Secure every door and window, including sliders and the garage.
• Post No Trespassing signs and visit, or have someone visit, at least weekly.
• Tell the neighbors who to call if they see someone moving in.
• Check the vacancy terms in the insurance policy. Many policies limit coverage once a house has been empty for a set period.
• If someone moves in, act the same day: tell them to leave, then file the sheriff complaint. The faster you act, the cleaner the case.

Questions people ask

Sources

• Florida Statutes ch. 82, incl. §§ 82.035–82.037 (2025)
• Florida Statutes § 95.18 (2026)
• Florida Statutes § 197.3335
• HB 621 (2024), enrolled
• CS/HB 1293 (2026), enrolled
• Florida Statutes § 30.231 (sheriff fees)
• Florida Statutes § 83.67
• Pinellas County Sheriff, civil process