How to Evict a Squatter in Florida

Last Updated: May 27, 2025

Article By: Jared A.

Discovering a squatter on your property can feel like a violation of your personal space and security, leaving you frustrated and uncertain about how to regain control. If you’re asking, “How do I evict a squatter in Florida?” you’re not alone, and we’re here to guide you through this challenging situation with clarity and compassion. Dealing with a squatter is stressful, but with the right knowledge and steps, you can resolve the issue legally and efficiently. This comprehensive guide will walk you through the process of removing a squatter in Florida, addressing key concerns like Florida squatter laws, the rights of squatters, and the legal steps involved, all while providing practical solutions to empower you.

Squatters—individuals who occupy a property without legal permission—can create significant headaches for property owners. Whether it’s an abandoned home in Tampa, a rental property in Sarasota, or a vacant lot in Bradenton, the presence of a squatter can disrupt your plans and peace of mind. We understand how overwhelming this situation can be, and our goal is to provide you with a clear, actionable path forward. With Florida squatter laws being complex, navigating the eviction process requires patience and adherence to legal protocols. Let’s dive into the steps, laws, and options available to help you reclaim your property.

Understanding Squatters and Their Rights in Florida

Before taking action, it’s essential to understand who a squatter is and whether squatters have rights in Florida. A squatter is someone who occupies a property without the owner’s consent, often without paying rent or having a lease agreement. Unlike a tenant, who has a legal agreement with the property owner, a squatter has no contractual right to be on the property. However, Florida squatter laws can sometimes grant limited protections to squatters, especially if they’ve been on the property for an extended period or claim adverse possession.

At Florida Offer, our team has decades of combined experience in real estate, helping property owners across Florida navigate complex issues like squatter disputes. We’ve worked with homeowners in Tampa, Sarasota, and Bradenton, assisting them in resolving property challenges swiftly and legally. Our expertise in how to remove a squatter legally in Florida ensures that you receive informed guidance tailored to your situation. Whether you’re dealing with a squatter or exploring options like selling your house fast to avoid ongoing issues, we’re here to support you with compassionate and professional advice.

In Florida, squatters may attempt to claim rights under adverse possession laws, which allow someone to claim ownership of a property after occupying it openly, continuously, and without permission for seven years while paying taxes on it (Florida Statutes § 95.18). However, this is rare and requires specific conditions to be met. More commonly, squatters are treated as trespassers, but evicting them requires following legal procedures to avoid violating their limited rights. For example, you cannot forcibly remove a squatter or change the locks without a court order, as this could lead to legal repercussions.

Pro Tip: Verify Squatter Status Early

To avoid complications, confirm whether the individual is a squatter or a tenant. Check for any verbal or written agreements, as tenants have more legal protections under Florida landlord-tenant laws. If unsure, consult a real estate attorney to clarify the individual’s status before proceeding with eviction.

Step-by-Step Guide to Evicting a Squatter in Florida

Evicting a squatter in Florida requires a structured legal process to ensure compliance with state laws. Below, we outline the key steps to remove a squatter legally in Florida, empowering you to take action with confidence. The process involves filing an eviction, proving the individual’s squatter status, and working through the court system. Here’s how to proceed:

Step 1: Confirm the Individual is a Squatter
The first step in how to prove someone is a squatter in Florida is to verify that the person has no legal right to be on your property. Gather evidence such as property deeds, tax records, or utility bills in your name to establish ownership. Check for any lease agreements or verbal arrangements that might classify the individual as a tenant. If no such agreement exists, the person is likely a squatter. Document their presence with photos, videos, or written records of when you discovered them.
Step 2: Notify the Squatter to Leave
Florida law requires you to provide written notice to the squatter, demanding they vacate the property. This notice, often called a “Notice to Quit,” should state that they are trespassing and give them a reasonable timeframe (typically 7 days) to leave. Serve the notice in person, by certified mail, or by posting it on the property. Keep a copy of the notice and proof of delivery for your records.
Step 3: File an Unlawful Detainer Lawsuit
If the squatter does not leave after the notice period, you’ll need to file an unlawful detainer in Florida. An unlawful detainer is a legal action specifically designed to remove someone who is wrongfully occupying your property without a lease. Visit your local county clerk’s office (e.g., in Tampa or Sarasota) to file the complaint. You’ll need to provide evidence of ownership and proof that you served the notice to quit. The court will schedule a hearing, typically within a few weeks.
Step 4: Attend the Court Hearing
At the hearing, you’ll present your case, including evidence that the individual is a squatter and has no legal right to the property. The squatter may argue they have tenant rights or claim adverse possession, but without proof of a lease or long-term occupancy, these claims are unlikely to succeed. If the judge rules in your favor, you’ll receive a writ of possession, authorizing the sheriff to remove the squatter.
Step 5: Involve Law Enforcement if Necessary
A common question is, “Can police remove squatters in Florida?” Generally, police cannot intervene in squatter cases unless there’s a court-ordered writ of possession or evidence of criminal activity, such as breaking and entering. Once you have the writ, the county sheriff will schedule a time to remove the squatter, ensuring the process is legal and safe.
Step 6: Secure Your Property
After the squatter is removed, take steps to prevent future issues. Change locks, install security systems, and consider posting “No Trespassing” signs. If you’re unable to maintain the property, you might explore options like selling your house for cash to a company like Florida Offer, which specializes in buying properties as is, even those with squatter-related challenges.

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How Long Does It Take to Evict a Squatter in Florida?

One of the most pressing questions for property owners is, “How long does it take to evict a squatter in Florida?” The timeline depends on several factors, including the squatter’s response, court availability, and the complexity of the case. On average, the process can take anywhere from 30 to 90 days, assuming no significant delays. Here’s a breakdown of the timeline:

Notice Period: 7 days for the squatter to vacate after receiving the notice to quit.
Filing and Court Scheduling: 1-2 weeks to file the unlawful detainer and schedule a hearing.
Court Hearing: Hearings are typically held within 1-3 weeks of filing, depending on the court’s docket.
Sheriff Removal: If a writ of possession is granted, the sheriff may take 1-2 weeks to execute the eviction.

Delays can occur if the squatter contests the eviction or if court schedules are backed up. To expedite the process, ensure all paperwork is accurate and consult an attorney if the case is complex. According to the Florida Bar, unlawful detainer cases are generally resolved faster than tenant evictions due to the lack of a lease agreement (Florida Bar, 2023).

Pro Tip: Document Everything

Keep detailed records of all communications, notices, and court filings related to the squatter. This documentation can strengthen your case in court and protect you from potential legal challenges.

Costs Associated with Evicting a Squatter in Florida

Another critical consideration is the cost to evict a squatter in Florida. While costs vary depending on the case and location, here are the typical expenses you might encounter:

Filing Fees: Unlawful detainer filing fees typically range from $180 to $300, depending on the county (e.g., Hillsborough County for Tampa or Sarasota County for Sarasota).
Sheriff Service Fees: Serving the notice or executing the writ of possession may cost $40-$100 per service.
Attorney Fees: If you hire a lawyer, expect to pay $1,000-$3,000 for legal representation, though simple cases may cost less.
Property Repairs: If the squatter caused damage, repair costs could range from a few hundred to several thousand dollars.

To minimize costs, you can handle some steps yourself, such as serving the notice to quit, but legal guidance is recommended to avoid mistakes. If the financial burden feels overwhelming, especially for a property you no longer wish to manage, consider reaching out to home investors like Florida Offer. We specialize in buying houses for cash, allowing you to sell your home fast and avoid ongoing squatter issues.

What Happens After Filing an Eviction for a Squatter in Florida?

Once you’ve filed an unlawful detainer, you may wonder, “What happens after filing an eviction for a squatter in Florida?” The process follows a predictable path, but it’s helpful to know what to expect:

Court Notification: The squatter will be served with a summons to appear in court, typically within 5-10 days of filing.
Hearing Outcome: At the hearing, the judge will review evidence and hear both sides. If you prove the individual is a squatter, the judge will issue a writ of possession.
Sheriff Execution: The sheriff will coordinate with you to remove the squatter, usually within 7-14 days of the writ being issued.
Post-Eviction Steps: After removal, inspect the property for damage, secure it, and consider preventive measures like regular monitoring or selling the house as is to avoid future issues.

If the squatter leaves voluntarily before the hearing, you can dismiss the case, saving time and money. However, always follow through with the legal process until the squatter is gone to avoid complications.

The Difference Between a Squatter and a Tenant in Florida

Understanding the difference between a squatter and a tenant in Florida is crucial to determining the correct legal process. A tenant has a legal agreement (written or verbal) with the property owner, granting them rights under Florida’s landlord-tenant laws (Florida Statutes § 83). A squatter, on the other hand, has no such agreement and is considered a trespasser. Here’s a quick comparison:

Tenant:
- Has a lease or verbal agreement.
- Pays rent or has permission to occupy the property.
- Requires a formal eviction process under landlord-tenant laws, including a 3-day notice for non-payment of rent or a 7-day notice for lease violations.
- Entitled to more legal protections.
Squatter:
- Occupies the property without permission.
- Does not pay rent or have a legal agreement.
- Removed via an unlawful detainer lawsuit, not a standard eviction.
- Has limited rights, primarily protection against illegal eviction methods.

Misidentifying a squatter as a tenant (or vice versa) can lead to legal errors, so always verify the individual’s status before proceeding. If you’re unsure, consult a real estate attorney or contact a company that buys houses like Florida Offer for guidance on navigating these complexities.

Preventing Future Squatter Issues and Exploring Alternatives

Once you’ve resolved the squatter issue, preventing future occurrences is a top priority. Vacant properties are particularly vulnerable, so consider these preventive measures:

Secure the Property: Install high-quality locks, security cameras, and motion-sensor lights.
Regular Inspections: Visit the property frequently or hire a property management company to monitor it.
Post No Trespassing Signs: Clearly mark the property to deter potential squatters.
Maintain the Property: Keep the lawn mowed and the property in good condition to signal it’s actively managed.

If maintaining the property feels overwhelming, especially after a squatter ordeal, you might be thinking, “I need to sell my house fast.” At Florida Offer, we understand how stressful property issues can be, which is why we offer cash for your home to help you move on quickly. As a cash buyer for homes, we specialize in purchasing properties as is, even those with squatter-related challenges. Whether you’re in Tampa, Sarasota, or Bradenton, our team can provide a cash offer on your house within days, allowing you to avoid the hassle of ongoing property management.

Dealing with a squatter can feel like an uphill battle, but you don’t have to face it alone. By following the legal steps outlined above, understanding Florida squatter laws, and taking preventive measures, you can reclaim your property and restore your peace of mind. If you’re ready to move on from the property entirely, Florida Offer is here to help with a fast cash sale, ensuring a smooth and stress-free process. We know how challenging this situation is, and we’re committed to empowering you with solutions that work.

References:
- Florida Statutes § 95.18 (Adverse Possession).
- Florida Bar, “Landlord-Tenant Law in Florida,” 2023.

This article is based on expert real estate experience from Florida Offer. For personalized financial or legal advice, we recommend consulting a licensed professional, such as a CPA, attorney, or government official, to ensure your specific circumstances are addressed.