Keeping an eye on your Florida rental property is crucial, especially given the state’s high prevalence of squatters. Squatters can become a significant issue, and understanding their rights and how to prevent them from occupying your property is essential. In this blog post, we’ll explore who squatters are, their rights in Florida, and effective strategies to prevent and remove them from your property.
Understanding Squatters and Their Rights
Who Exactly is a Squatter?
A squatter is someone who occupies a property or land without legal permission. They live in the property without being the owner or paying rent. Unlike trespassers, who are viewed as criminals, squatters fall into a grey area of civil law. This distinction makes dealing with squatters more complicated than dealing with trespassers.
Squatting vs. Trespassing
While squatting is often seen as a civil matter, it can become a criminal issue if the property owner files for an unlawful detainer lawsuit. This lawsuit legally demands that the squatter vacate the property. On the other hand, trespassing is a straightforward criminal offense where an individual unlawfully enters and occupies a property.
Holdover Tenants vs. Squatters
A holdover tenant is not considered a squatter. If a tenant stays beyond their lease term, you have two options: accept rent and create a periodic tenancy or file an unlawful detainer lawsuit to remove them if they refuse to leave after notice.
Squatters’ Rights in Florida
Squatters can claim a property through adverse possession if they meet specific requirements. In Florida, these requirements include living in the property continuously for at least seven years and meeting several legal criteria:
- Hostile Possession: This doesn’t imply aggression. It means the squatter occupies the property without permission. This can be through simple occupation, awareness of trespassing, or a good faith mistake.
- Actual Possession: The squatter must physically occupy the property, treating it as their own by maintaining or improving it.
- Continuous Possession: The occupation must be uninterrupted for seven years.
- Exclusive Possession: The squatter cannot share the property with others.
- Open & Notorious Possession: The squatter’s presence must be obvious, not hidden from the property owner.
Squatters must also show they have been paying property taxes for the last seven years to claim adverse possession.
Steps to Prevent Squatters
1. Enhance Your Home Security
Preventing squatters starts with making your property impenetrable. Secure all entry points, including doors and windows, with high-quality locks and security bars. Install a video security system and consider motion-sensing lights or alarms. Signs such as “No Trespassing” and “Beware of Dog” can also deter potential squatters.
2. Make Your Property Look Occupied
Squatters target properties that appear vacant. Create the illusion that someone is living there by placing a car in the driveway and using lights on timers. Security signs can also reinforce the impression that the property is monitored and protected.
3. Regularly Inspect Your Property
Regular property inspections help identify unauthorized occupancy early. If you live far away, ask trusted neighbors or friends to keep an eye on your property and report any suspicious activity.
4. Take Immediate Legal Action
If squatters occupy your property, take immediate legal action. File an unlawful detainer lawsuit and notify the squatters with an eviction notice. In Florida, there are three types of eviction notices:
- 7-Day Unconditional Quit Notice: For serious lease violations.
- 3-Day Notice to Quit or Pay: For non-payment of rent.
- 7-Day Notice to Cure: For lease agreement violations, allowing the tenant to remedy the issue.
5. Avoid Vigilante Actions
Never take matters into your own hands. Attempting to forcibly remove squatters can be dangerous and legally risky. Always follow legal procedures and seek professional help if needed.
Conclusion
Preventing and handling squatters requires vigilance and knowledge of your rights as a property owner. By enhancing security, making your property appear occupied, and taking prompt legal action, you can protect your Florida property from squatters. If you encounter difficulties, consider hiring a professional property management company to help you navigate the complexities of squatters’ rights and eviction processes.