In Florida, a squatter must openly and continuously occupy a property for 7 years to potentially claim adverse possession. The statutory citation is Fla. Stat. § 95.18.
Key Rules at a Glance
| Rule | Detail |
|---|---|
| Adverse Possession Period | 7 years |
| Required Elements | Actual, Open, Notorious, Exclusive, Hostile, Continuous |
| Notice to Vacate | For holdover tenants: 3-day notice for nonpayment, 7-day or 15-day notice for other lease violations. Trespassers may be removed by law enforcement. |
| Eviction Process | File a complaint for eviction in county court after serving proper notice. Florida courts are generally landlord-friendly; hearings often within 5–15 business days. |
| Key Statute | Fla. Stat. § 95.18 |
| Last Updated | 2025-01 |
Possession Requirements in Florida
Florida requires actual, continuous, open, notorious, exclusive, and hostile possession. The claimant must pay property taxes and make return of the property for tax purposes.
The five elements of adverse possession must all be satisfied simultaneously throughout the statutory period. If an owner gives the occupant written permission to use the property at any point, the "hostile" element is defeated — resetting the clock entirely.
Key Facts for Florida
- 7 years of continuous adverse possession required
- Claimant must pay all applicable taxes during the 7-year period
- Property must be returned for taxation under claimant's name
- Florida does not have a shorter period for color of title
- Governor DeSantis signed SB 1122 (2023) allowing expedited removal of squatters
How to Remove a Squatter in Florida
Property owners in Florida should act quickly when an unauthorized occupant is discovered. The process depends on whether the person ever had permission to be on the property:
Trespassers (no permission ever given): Contact local law enforcement. If the person has no claim of right, police can remove them. Document the situation thoroughly.
Holdover tenants (had permission, now overstaying): For holdover tenants: 3-day notice for nonpayment, 7-day or 15-day notice for other lease violations. Trespassers may be removed by law enforcement. After serving notice, if the occupant does not vacate: File a complaint for eviction in county court after serving proper notice. Florida courts are generally landlord-friendly; hearings often within 5–15 business days.
Adverse possession claimants: If the occupant asserts a legal claim to the property and has been present for a significant period, consult a real estate attorney immediately. Do not attempt self-help eviction, as this may expose you to liability.
Dealing with a Squatter in Florida?
Every situation is different. A licensed real estate attorney in Florida can advise on notice requirements, the eviction process, and adverse possession defenses.
Frequently Asked Questions — Florida
How long does someone have to squat in Florida to claim the property?
Seven years of continuous, open, hostile, exclusive possession — with payment of property taxes — are required for adverse possession in Florida.
Does Florida have a squatter law?
Yes. Florida Statute § 95.18 governs adverse possession. Florida also enacted SB 1122 in 2023, creating a process for rapid law-enforcement removal of unlawful occupants when the property owner can demonstrate ownership.
Can police remove squatters in Florida immediately?
Under Florida's 2023 law (SB 1122), property owners may file a complaint with local law enforcement. If the owner can show proof of ownership and the occupant has no valid lease or claim, law enforcement can remove the squatter — potentially within 24 hours.