By: Melissa Groisman, Esq.
In contrast to the rest of the country, residential squatters in Florida have finally run out of luck.
Effective July 1, 2024 , the recently signed Florida HB 621 provides harsh and swift remedies against squatters , thereby safeguarding the rights of property owners across the state. Here’s what you need to know:
Immediate Removal of Squatters:
Homeowners can now request law enforcement to immediately remove a squatter from their property if the following conditions are met:
The individual has unlawfully entered and remains on the residential property ;
The individual has been directed to leave the property by the owner but has not done so;
The individual is neither a current or former tenant in a legal dispute nor a family member of the property owner; and
There is no pending litigation regarding the occupancy.
Under HB 621, reclaiming residential property from squatters is now possible without costly delays, prolonged litigation, and missed rents.
How it Works:
The process for removing squatters under HB 621 is straightforward:
A property owner or authorized agent must submit a completed and verified complaint to the sheriff in the county where the property is located.
This complaint outlines the situation and requests assistance in immediately removing unauthorized occupants from your residential dwelling .
Upon receiving the verified complaint, the sheriff takes action, verifying ownership, identifying the occupants, and giving the occupants a notice to vacate .
The sheriff can arrest the unauthorized occupant if there is legal cause .
The property owner can also request that the sheriff stand by while they take possession of the property, including changing locks and removing personal property .
The sheriff is entitled to a specified fee for service (similar to when serving a writ of possession).
The sheriff is not liable to any party for loss, destruction, or damage .
The property owner or agent is not liable for loss or destruction of personal property unless it was wrongfully removed .
Penalties for Squatting:
The bill imposes strict penalties for those engaged in squatting and for those who encourage squatting:
a. False Statements:
Making false statements to obtain property rights or falsifying a lease or rental agreement is considered a first-degree misdemeanor under the new Florida law. Individuals who engage in deceptive practices to gain unauthorized access to residential properties can face legal consequences.
b. Occupying Residential Dwelling:
Squatting with the intent to cause $1,000 or more in damages is classified as a second-degree felony . This provision emphasizes the severity of intentional squatting and aims to protect property owners from substantial harm caused by unauthorized occupants.
c. False Advertising of Property or Rental:
The bill also addresses false advertising related to residential properties. It is now a first-degree felony for knowingly advertising the sale or rent of a residential property without legal authority or ownership. This provision ensures that deceptive practices in property listings are met with severe penalties.
The Bottom Line:
The enactment of HB 621 marks a significant victory for property owners grappling with the challenges posed by residential squatting. By streamlining the process for removing squatters and imposing hefty penalties for unlawful occupation, Florida aims to protect property rights and ensure a safer, more secure environment for homeowners .
If you’re a property owner in Florida, familiarize yourself with the provisions of HB 621 to safeguard your interests and maintain control over your residential property. For any additional questions or concerns, email Melissa.Groisman@gmlaw.com .
To view the text of the Bill, click here .
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