What Can You Do About Squatters on Your Property?
When we think of squatters, we think of people who are trespassing, living on your property without consent or permission or perhaps even your knowledge. As such, we may assume that they have no rights. That’s not exactly true, and as a property owner, if you’re not careful, you could end up losing valuable property rights to a squatter.
How Does Squatting Happen?
This does happen, especially here in South Florida, where we have a lot of investment properties, 2nd or 3rd homes, or properties where the owner doesn’t actually live on the property year round. While the owner is away, a stranger may be taking up residence in the property (and may even be maintaining it).
Many squatters aren’t even squatting with ill intent—some may have been scammed into thinking they bought the property, or that they are legally renting the property from the “actual owner.” There are many Airbnb scams just like this.
Often, a squatter was once allowed on the property, but isn’t anymore. For example, imagine a housekeeper living on your property with your permission. He or she is then terminated—but continues to reside there.
Getting Rid of Them
Calling law enforcement to get rid of a squatter, may not yield much. Police may not see this person as a trespasser, who, by all outside accounts, is saying he or she lives there, and perhaps, has even set up his or her things in or on your property.
So, you resort to suing. But how? These aren’t tenants, so there’s no legal eviction. In fact, if the squatter ever traded services for living there, or did anything for you (for example, watching your children while being allowed to live on the property), the squatter may argue that he or she is a tenant, and paid for residency with his or her services.
Quick Ejectment
Thankfully, Florida law does give property owners an avenue to get rid of squatters on the property, and while a court action does have to be filed, the law allows a judge to remove a squatter with only 24 hours notice.
However, this expedited proves does not apply where the squatter once or at any time, had a legal right to be on the property (such as in our example above, where the squatter once was there legally watching your children). That’s not to say these individuals can’t be removed by filing an action in court, you just won’t get the benefit of the expedited, 24-hour removal.
If the squatter did any damage to the property while there, you can even get damages from that squatter for damage to the property.
There are criminal penalties for squatting, but that’s usually where the squatter knowingly is trying to squat—it usually won’t be applied for bona fide disputes about the squatters right to reside on the property.
Call our Fort Lauderdale business and real estate litigation lawyers at Sweeney Law P.A. at 954-440-3993 for help with your property or construction litigation issue.
Source:
amgrents.com/kissimmee-property-management-blog/new-florida-squatters-law-effective-july-1-2024
