Florida Squatters Rights: Adverse Possession and Removing Occupants

By TenantLoop teamUpdated 2 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • Adverse possession requires seven years of actual, continuous possession.
  • A claimant holding a written instrument or judgment that appears to give title can claim after seven years of possession, with no tax return filing required.
  • A claimant without such a document must pay all outstanding property taxes within one year of taking possession, keep paying them, and file a return with the county property appraiser.
  • An owner can submit a sworn complaint to the county sheriff to remove people who entered a home without permission, are not current or former tenants and are not family, as long as no court case about the property is pending.

Florida requires seven years of continuous possession for adverse possession, and a claimant without a deed must also pay the property taxes and file a return with the property appraiser. Since 2024 an owner can ask the sheriff to remove unauthorized occupants without a court case when strict conditions are met.

Florida squatters rights at a glance

RuleFloridaLaw
Adverse possession periodAdverse possession requires seven years of actual, continuous possession.Florida Statutes sections 95.16 and 95.18
Claim under a document (color of title)A claimant holding a written instrument or judgment that appears to give title can claim after seven years of possession, with no tax return filing required.Florida Statutes section 95.16
Paying property taxesA claimant without such a document must pay all outstanding property taxes within one year of taking possession, keep paying them, and file a return with the county property appraiser.Florida Statutes section 95.18
How owners remove occupantsAn owner can submit a sworn complaint to the county sheriff to remove people who entered a home without permission, are not current or former tenants and are not family, as long as no court case about the property is pending.Florida Statutes section 82.036 (HB 621, 2024)

Adverse possession

An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.

Adverse possession period. Adverse possession requires seven years of actual, continuous possession. (Florida Statutes sections 95.16 and 95.18)

Claim under a document (color of title). A claimant holding a written instrument or judgment that appears to give title can claim after seven years of possession, with no tax return filing required. (Florida Statutes section 95.16)

Paying property taxes. A claimant without such a document must pay all outstanding property taxes within one year of taking possession, keep paying them, and file a return with the county property appraiser. (Florida Statutes section 95.18)

Removing an unauthorized occupant

How owners remove occupants. An owner can submit a sworn complaint to the county sheriff to remove people who entered a home without permission, are not current or former tenants and are not family, as long as no court case about the property is pending. (Florida Statutes section 82.036 (HB 621, 2024))

Where the case is filed. Evictions are filed in the county court for the county where the rental is located, using the summary procedure. (Florida Statutes sections 83.59 and 51.011)

Why force backfires

Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.

Self-help eviction. A landlord may not cut off utilities, change the locks, remove doors or take the tenant's belongings to force them out, and a tenant can recover damages for each violation. (Florida Statutes section 83.67)

Protecting a vacant property

Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.

Mistakes to avoid

  • Waiting months to act after someone moves in.
  • Changing locks or removing belongings yourself.
  • Accepting rent or utility payments from the occupant.
  • Leaving a vacant property unchecked for long stretches.
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Verify current law

We last checked these Florida rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Florida attorney about your situation.

Laws named on this page

  • Florida Statutes sections 95.16 and 95.18
  • Florida Statutes section 95.16
  • Florida Statutes section 95.18
  • Florida Statutes section 82.036 (HB 621, 2024)
  • Florida Statutes sections 83.59 and 51.011
  • Florida Statutes section 83.67

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How long does adverse possession take in Florida?

Adverse possession requires seven years of actual, continuous possession. Source: Florida Statutes sections 95.16 and 95.18.

Does a squatter have to pay property taxes in Florida?

A claimant without such a document must pay all outstanding property taxes within one year of taking possession, keep paying them, and file a return with the county property appraiser. Source: Florida Statutes section 95.18.

How does an owner remove a squatter in Florida?

An owner can submit a sworn complaint to the county sheriff to remove people who entered a home without permission, are not current or former tenants and are not family, as long as no court case about the property is pending. Source: Florida Statutes section 82.036 (HB 621, 2024).

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.