New Squatter Removal Law (HB 621)
April 11, 2024
Under HB 621, Florida’s new squatter removal law, a property owner may request law enforcement to immediately remove a squatter from their property if the following conditions are met:
- The requesting person is the property owner or an authorized agent;
- It must be a residential property;
- The individual has unlawfully entered or remains on the property unlawfully;
- The owner has directed the unauthorized person to leave;
- The unauthorized person is not an immediate family member of the owner;
- There is no pending litigation related to the real property between the owner and the unauthorized person;
- The individual has been directed to leave the property by the owner but has not done so; an
- The individual is not a current or former tenant in a legal dispute.
It also adds criminal penalties for squatters.
Logistics: The owner must submit a complaint under the oath. It looks like this:
Big question is, how will the various sheriff’s departments handle these complaints.
The law says: The Sheriff shall immediately serve a notice to immediately vacate to all unlawful occupants and shall put the owner in possession of the property.
A person may sue for wrongful removal under this law. If they are successful they are restored to possession of the property and recover damages and triple the fair market rent of the dwelling in addition to court costs and attorney’s fees.
This will be the new statute 82.036.
Felix G. Montanez, Esq.