The term “Squatter” is used to describe an illegal occupant of a vacant building or piece of land. In Florida, squatters can gain rights to a vacant property through a process known as adverse possession. These rights, also known as “Squatter’s rights,” allow a squatter to both live in and retain ownership of a property without purchasing it outright from the original owner.
hash-markTable of Contents
What Are Squatter's Right in Florida?
Squatting vs. Trespassing in Florida
How Do Squatters Claim Adverse Possession in Florida?
Do Squatters Need To Pay Property Taxes in Florida?
How To Evict A Squatter in Florida
Florida Squatters Rights Bottom Line
hash-markWhat Are Squatter's Right in Florida?
In Florida, squatter's rights are the legal protections and rights a squatter gains when occupying a property or piece of land that doesn't rightfully belong to them. Squatter's rights are also sometimes known as adverse possession, which is the legal term that refers to the process by which a squatter can become the legal owner of the property they have occuppied.
hash-markSquatting vs. Trespassing in Florida
Trespassing and squatting are very similar; both trespassers and squatters illegally occupy vacant land without the original owner’s permission. However, the primary differences between the two aretimeandintent. Trespassers are typically temporary, occupying a given space for a short time. They do not live on the property and have no intention of claiming it as their home. On the other hand, squatters must actively live in a vacant property for an extended, uninterrupted period. They must openly treat the property as if it is their own home and, after the appropriate period of time has passed, will eventually file for adverse possession of the property. Remember: all squatters are trespassers, but not all trespassers are squatters.
hash-markHow Do Squatters Claim Adverse Possession in Florida?
- Hostile Possession
- Actual Possession
- Continuous Possession
- Exclusive Possession
- Open & Notorious
Each state has different requirements that squatters must follow to claim adverse possession. In the state of Florida, a squatter must meet the following five pieces of criteria before applying for legal rights to a vacant property:
1. Hostile Possession
In this case, the termhostiledoes not mean dangerous or violent. Instead, it indicates that a squatter is occupying a property under one of the following assumptions:
- They had no prior knowledge of a pre-existing property owner
- They understand that their actions can be considered a criminal offense
- They operated under “good faith,” a situation where the property has a faulty deed or clouded title.
2. Actual Possession
A squatter must both live in the property and treat it as their own. Performing certain functional maintenance, paying utilities, or renovating the property are all examples of how a squatter can treat a vacant property as their own. However, squatters are not tenants. They do not pay rent and do not have any binding legal contract with the original property owner. Additionally, holdover tenants are not considered squatters in the state of Florida.
3. Continuous Possession
To file for possession, a squattermustpossess a property for an uninterrupted period of time. In other words, a squatter cannot leave the vacant property for a consecutive series of weeks, months, or years without losing their ability to claim it as their home. The length of time a squatter must continuously occupy a property in Florida to claim squatter’s rights is seven years.
4. Exclusive Possession
Only a single squatter can occupy a given vacant property for an uninterrupted period of time. In other words, a squatter cannot share its possession with the owner or another squatter. Moreover, multiple squatters cannot apply for possession of the same property.
5. Open & Notorious
The squatter cannot hide the fact that they are occupying the property; their residence must be both prominent and highly visible. This way, the original property owner cannot claim they didn’t know anyone was living in their vacant property.
hash-markDo Squatters Need To Pay Property Taxes in Florida?
Yes, if a squatter wants to claim adverse possession, they need to pay property taxes. More specifically, if the title is not clouded, Florida laws would require a squatter to pay full property taxes on the vacant property for seven years. But, even if there is a clouded title, paying property taxes is advisable because it is another excellent way to prove actual possession of the vacant space.
A squatter meeting all of these criteria can legally file for adverse possession in Florida. By doing this, they are able to breathe new life into what is often decades worth of desolate, wasted properties.
hash-markHow To Evict A Squatter in Florida
The only way to remove a squatter in Florida is to file an “unlawful detainer” lawsuit. This is a type of eviction lawsuit used solely to determine the right to possession of real property; no other legal grievances with the squatter may be tried in this case. Theprocess is similar to any Florida eviction. Before they can file the lawsuit, the property owner must notify the squatter of their intent with an eviction notice. Remember, in a squatter situation, time is of the essence. Therefore, acting quickly to prevent the squatter from claiming uncontested rights to the vacant space is essential.
hash-markFlorida Squatters Rights Bottom Line
If a vacant property is open, available, and has no one to check it regularly, then a squatter is likely to move in. After meeting the state-required criteria, a squatter may file and win a case for adverse possession. After this, they are no longer a squatter but a fully legal occupant of a previously vacant property.
Squatter's rights, or adverse possession laws, are a complex legal subject, especially in Florida. These rights allow individuals who occupy a property without legal ownership to potentially gain ownership rights over time. In Florida, specific criteria must be met for squatters to claim adverse possession.
Adverse Possession in Florida:
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Hostile Possession: Despite the term "hostile," it doesn't imply violence but rather occupying the property without the owner's consent. This could be due to a faulty title or lack of knowledge about the true owner.
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Actual Possession: Squatters must live on the property, treating it as their own without a formal agreement or rent payment. Performing maintenance, paying utilities, or renovations can demonstrate this.
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Continuous Possession: Continuous occupancy for a specific period (seven years in Florida) without significant breaks is necessary to claim adverse possession.
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Exclusive Possession: Only one squatter can claim possession of a property. Multiple squatters cannot apply for the same property simultaneously.
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Open & Notorious: The squatter's occupation must be visible and obvious, preventing the property owner from claiming ignorance about the occupation.
Taxes and Adverse Possession:
Squatters aiming for adverse possession in Florida should pay property taxes. This demonstrates their claim to the property, especially if the title isn't clouded.
Eviction of Squatters:
Evicting a squatter in Florida involves a legal process known as an "unlawful detainer" lawsuit. This lawsuit is specifically for determining possession rights and doesn't cover other grievances. Acting swiftly with an eviction notice is crucial to prevent the squatter from gaining uncontested rights to the property.
Bottom Line:
Vacant properties without regular oversight are susceptible to squatters. Meeting the state's criteria for adverse possession enables squatters to legally claim ownership, transforming a once-vacant property into their own.
This comprehensive understanding showcases the nuances of squatter's rights, the legal processes involved, and the specific requirements in Florida for claiming adverse possession.
