Our eviction business has seen a significant increase in the number of squatters moving into vacant rental homes. The stories are remarkably similar.
A landlord visits an empty rental property only to discover that strangers have moved in. The first questions are always the same:
- Will they become violent?
- Will they damage the property?
- How do I get them out?
Most landlords immediately call the police, expecting officers to remove the intruders for trespassing. Instead, they are often told there is little law enforcement can do because the matter appears to be a civil dispute.
That can be both frustrating and frightening.
What You Can Do
Florida law provides a possible remedy.
Florida Statutes §82.035 allows law enforcement to remove certain unauthorized occupants—commonly referred to as squatters—without requiring a traditional eviction lawsuit in every case. As a non-attorney, my understanding of the statute is that if someone is occupying your residential property without any legal right to do so, you may submit a sworn affidavit to law enforcement requesting their removal.
The challenge, however, is finding an officer who is willing to act under the statute.
To be fair, forcing someone out of a home is a serious matter. If an officer makes the wrong decision, there could be significant legal consequences. Because of that, many officers understandably choose the safer route and recommend that the property owner obtain a court-ordered eviction instead.
Fortunately, when the occupants truly are squatters and not tenants, the court process is often relatively straightforward. Even so, it can still take several weeks before you regain possession of your property.
Why Officers Are Cautious
Across the country, there have been numerous stories illustrating just how complicated these situations can become:
- Squatters awarded damages after being wrongfully removed.
- Homeowners trapped in lengthy legal battles to regain possession.
- Viral stories of owners resorting to creative—but legally questionable—methods to reclaim their homes.
- Jacksonville homeowners waiting more than a month to regain possession while suffering thousands of dollars in property damage.
These cases help explain why law enforcement officers are often reluctant to remove occupants unless they are completely confident the law authorizes them to do so.
What the Florida Statute Says
Chapter 82 of the Florida Statutes defines a "transient occupant" as someone whose occupancy:
- is not based on a lease,
- is temporary in nature,
- has no ownership or leasehold interest in the property, and
- otherwise meets several factors outlined in the statute.
Among the factors law enforcement may consider are whether the occupant:
- has no ownership or leasehold interest in the property;
- has no utility accounts at the address;
- cannot produce government records showing the property as their address;
- pays little or no rent;
- has few personal belongings at the property; and
- maintains another permanent residence.
Under §82.035, a law enforcement officer may direct a transient occupant to surrender possession of the property after receiving a sworn affidavit from the person legally entitled to possession. The statute uses the word "may," meaning the officer retains discretion based on the circumstances.
