Bill filed to combat squatting on Florida rental properties

TALLAHASSEE, Fla. – Rep. Kevin Steele, R-Dade City, filed legislation to combat squatting on rental properties across the state after certain situations left homeowners paying thousands.

The bill, HB 621, would allow law enforcement to remove squatters who can’t produce a notarized lease signed by the landowner or proof that they are paying rent for the property.

Additionally, there would be penalties for individuals who produce fraudulent leases that are commonly used by squatters.

Earlier this year, a Jacksonville property owner said she legally struggled to kick out two squatters who had been illegally staying in a house that she owned. The conflict went on for 38 days and resulted in nearly $40,000 in damage.

According to Seward Law, a Tampa-based real estate attorney office, the only real way a landowner can remove squatters from their properties in Florida is by issuing an eviction notice and then filing an “unlawful detainer” action.

“It is important to understand that while squatting is illegal in Florida, this does not mean that squatters are not granted certain rights under state law,” the office said. “Too many absent landlords simply do not check on their property, only to find that squatters have by now acquired the legal right to be present there.”

“The state presumes that if someone fails to occupy or improve a piece of property for a certain period of time, their interest wanes in the face of someone who will,” the office added.

The American Apartment Owners Association reported that 16 states have squatter laws that require individuals to live in a property for at least 20 years to make a claim of legal rights to a home they have been living in without the landowners acknowledgement or interest. New Jersey and Louisiana are tied at 30 years for the longest length of time amongst all states.

Florida sits at seven years and is only beat by California and Montana, each at five years, for the shortest length of time needed to grant a squatter certain rights to a property.