Detailed Answer
Short version: You should act quickly. If someone is unlawfully occupying your property, you may have both criminal (trespass) and civil (forcible entry/unlawful detainer) options under Florida law. Call law enforcement if the squatter is currently breaking in or creating a dangerous situation. If they refuse to leave and are not removed by police, you normally must use the court eviction process (forcible entry and unlawful detainer) to obtain a writ of possession and have the sheriff remove them. Long-term risk of losing title by adverse possession is possible only after meeting strict requirements and statutory time periods.
1. Is this criminal or civil?
There are two main tracks to consider:
- Criminal trespass: If a person enters or remains on property without permission and refuses to leave after a request, law enforcement can sometimes charge criminal trespass. Florida criminal trespass statutes include the provisions for entry into a structure or conveyance and for other property. See Florida Statutes, Chapter 810.08 and 810.09.
- Civil eviction (forcible entry and unlawful detainer): If the occupant will not leave and law enforcement declines to remove them because the situation is a civil dispute (common with squatters who claim some right to stay), the property owner must usually file a civil eviction action under Florida’s forcible entry and unlawful detainer statutes. See Florida Statutes, Chapter 82.
2. Typical step-by-step process to remove a squatter before a sale
- Confirm the status. Determine whether the person is a licensee, an alleged tenant, a guest, or an outright trespasser. If there is any written or verbal agreement that could be a tenancy, the eviction path may differ.
- Call local police if the squatter just entered, is violent, or has changed locks. If the squatter is caught in the act or refuses to leave after you or police lawfully request they leave, officers may arrest them for trespass or related offenses. Police have limits—if the occupant claims a right to stay, police may advise a civil eviction instead.
- Serve a written demand to vacate when safe and appropriate. A clear written notice stating the occupant is not authorized to be on the property and must leave can help later in court. Keep copies and proof of delivery (photos, witness statements, certified mail, etc.).
- If the occupant remains, file a forcible entry and unlawful detainer action in county court. This is the usual civil method to obtain a court order requiring removal. The court process leads to a judgment for possession and a writ of possession directing the sheriff to remove the occupants if they do not leave voluntarily. See Florida Statutes, Chapter 82.
- Obtain a writ of possession and have the sheriff enforce it. After judgment, the sheriff enforces the writ and physically removes occupants and their belongings according to court rules.
- Secure the property right away and document condition. Change locks if appropriate (after lawful removal), secure windows, remove valuables, and take photos to document condition for the sale process.
3. Adverse possession—can a squatter gain title?
Adverse possession is a limited legal doctrine by which a person who occupies land openly, notoriously, continuously, exclusively, and hostilely (without permission) for a statutory period can sometimes obtain title. Florida’s rules on limitations and potential adverse possession claims are in Chapter 95 of the Florida Statutes.
Key points:
- Adverse possession requires a continuous, exclusive, and openly hostile possession for the full statutory period—short visits or occasional occupancy do not qualify.
- Courts examine the facts closely. Merely being present does not automatically create title.
- To prevent any adverse claim, act quickly to remove unauthorized occupants and maintain control and documentation of your property.
4. Evidence you should gather
- Photos and videos showing the occupants and the property condition.
- Copies of any notices you gave, dates and times you requested the occupant leave.
- Communications (texts, emails) from the occupant claiming a right to stay, if any.
- Witness statements from neighbors, contractors, or others who observed entry or ongoing occupancy.
- Records of utility usage, mail accumulation, or anything showing the occupant’s presence.
5. Special situations
- Squatter claims to be a tenant: If the occupant claims a lease—even an oral one—treat the matter like a landlord-tenant dispute. Residential tenancy rules (Florida Statutes, Chapter 83) may apply and require different notice periods and procedures.
- Occupied by a vulnerable person: If the occupant is elderly or disabled, courts may consider equitable issues. Still, property owners retain legal remedies; consult an attorney to manage the humanitarian and legal sides.
- Occupied before sale closes: Coordinate quickly with the buyer and title company. A pending sale complicates matters—buyers or lenders may require a clear chain of title and possession. Legal removal and a writ of possession are commonly required before closing.
6. When to hire an attorney
Hire a Florida real estate/eviction attorney when:
- The occupant resists removal or claims tenancy/title.
- You need to file a forcible entry/unlawful detainer action quickly because of a pending sale.
- There are threats of property damage, theft, or violence.
- Adverse possession or complicated title issues may arise.
7. Common mistakes to avoid
- Do not try to forcibly evict, remove personal property yourself, or change locks while occupants are present—doing so can create legal exposure and may be illegal.
- Do not allow a squatter to remain without taking action; delay can make later removal harder and increase risk of adverse claims.
- Don’t rely solely on police if the occupant claims a civil right to stay—prepare to use the court eviction process.
Useful Florida statute references
- Forcible Entry and Unlawful Detainer (Eviction): Florida Statutes, Chapter 82.
- Criminal Trespass (entry into structures or property): Section 810.08 and Section 810.09.
- Limitations and potential adverse possession rules: Florida Statutes, Chapter 95.
- Residential landlord-tenant law (if tenant relationship is claimed): Florida Statutes, Chapter 83.
Helpful Hints
- Act quickly: Unauthorized occupants are easier to remove the sooner you start the process.
- Document everything: Photos, dates, communications, and witness statements help both criminal complaints and civil cases.
- Contact law enforcement immediately if someone is actively breaking in, threatening, or violent—don’t escalate the situation yourself.
- Use certified mail or a process server for notices so you have proof someone received them.
- Coordinate with your title company and buyer if a sale is pending; they often require a court writ of possession before closing.
- Consider a quick attorney consultation to confirm the right procedural path and avoid mistakes that delay removal.
- After removal, secure the property (locks, boarding, alarm) and inspect for damage so you can document and repair before the sale.
Disclaimer: This article explains general principles of Florida law and common procedures. It is for informational purposes only and does not constitute legal advice. For advice about a specific situation, consult a licensed Florida attorney.