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A Legal Resource For Landlords, Investors & Property Managers


SQUATTERS – we refer to a squatter as someone who has entered into your property but has no ‘legal’ right to remain there. A squatter could be someone who broke into a rental property and will not leave. Or someone who found a vacant house and decided to take up residence there. Does a squatter have “rights”? Not exactly. The problem is that if the landlord discovers a squatter, and calls the police to have them removed as a trespasser, the police generally will advise that it is a civil matter and that civil court action is needed to remove the squatter. The police should not be tasked with finding out whether the squatter has some legal right to be in the property. Maybe there is a probate estate and the squatter claims the decedent gave them permission to stay there. Or the squatter claims that a prior legitimate tenant have them the keys and said they can remain in the property. The police do not know and are not likely to start an investigation into the truth of the matter or whether a property law applies.


We have filed and successfully removed countless squatters in counties throughout Florida. We are adept at the applicable laws and how to address squatter claims of some imperceptible right to remain in the property. Details on how we do it will not be divulged here. Please call us for more information on how to protect your property from a squatter.


Unfortunately, situations arise where helping another person or a family member during a hard time can come back to haunt you. Letting someone stay in your property means getting them out later could cost you. While this now uninvited guest may not have a legal right o remain in the property, generally it will require a civil legal action to remove them. Hire us to process a legal action to remove unauthorized occupants.


Under Florida law, when a foreclosed property is purchased through an auction at the foreclosure Sheriff sale, the new owner has immediate possessory rights. However, there may be someone already in there. The person in the property could be the former owner who just lost the property during the foreclosure, or be a squatter who broke into the property, or could even be a tenant of the former owner. The legal process to use to remove the occupant depends on how the occupant obtained possession of the property and what occurred during the foreclosure case.

FORMER OWNER – if the occupant is the now former owner, then often in the foreclosure lawsuit Court a writ of possession can be issued which calls for the Sheriff of the county where the property is located to remove the former owner. Court papers will be required to accomplish this process. But an eviction case may not be needed.

TENANT OF FORMER OWNER – it is possible that the occupant has a lease with the former owner. Whether the new purchaser has to recognize the rights of this tenant and allow them to remain there depends on a few facts, including whether they were named as a party in the foreclosure case, and whether they are paying rent.

SQUATTER – of course, if the person in the property is not the former owner or a tenant of the former owner, then likely the person is a squatter and can be removed in a different civil legal process.


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