Law Makes it Easier to Get Rid of Squatters

Let’s imagine that you own property, but you aren’t physically at or even occupying the property. Perhaps it’s a vacant investment property, or commercial space that you’re leasing, but not yet using. One day you go to the property, and are surprised to find there is someone living in or otherwise using your property.

Clearly, this person is a trespasser—this is your legal property. You call the police, expecting to get help.

To your surprise, the police do nothing—they say that you have to sue to remove this squatter, and that they have no legal authority to remove the individual on your property, who is claiming a legal right to be on and remain on the property.

Is There a Remedy?

You can’t file an eviction against these squatters because they’re not tenants. There is no landlord tenant relationship (nor do you want there to be if you’re a property owner, because you don’t want a squatter having the legal rights that tenants would have).

Some squatters may also truly believe they have a legal right to your property—this often happens when people are scammed into buying or renting property that is not actually available for purchase or rent by scammers who take these people’s money and disappear.

And, if the squatter ever paid you money for the ability to use the property or there was any exchange of services, the squatter may legally be treated as a tenant. Talk to a business attorney about whether someone on your property is an actual squatter or not.

A New Law Makes it Easier to Handle Squatters

But last year, the law in Florida changed, giving property owners some new abilities to get rid of squatters (those who are illegally on, and claiming rights to, your property). Property owners now have an expedited process to remove squatters.

The process does still require court action, but courts now have the ability to order the removal of a squatter, within 24 hours. Additionally, the law allows a property owner to obtain damages against a squatter who damaged the property during the occupation (of course, collectability against a squatter may be another, more difficult issue).

There are even criminal penalties that can be assessed against squatters, allowing police to take action where they once could not. Squatters can face a maximum of 20 years in prison, in more severe or repeat cases, for squatting.

Who Can the Law Be Used On?

This expedited process cannot be used against any squatter, who was, at any time, on the property legally (for example, a tenant who won’t leave, or a homeowner who won’t leave after a foreclosure). These people can still be removed, of course, but the property owner just cannot avail him or herself to these expedited processes to remove squatters.

If you have a business dispute with anyone regarding commercial property, let us know. The West Palm Beach commercial litigation lawyers at Pike & Lustig can help navigate these difficult cases.

Source:

amgrents.com/kissimmee-property-management-blog/new-florida-squatters-law-effective-july-1-2024