How to Remove a Squatter from Your Florida Property
A squatter — someone who entered your property without permission — has no lease and no legal right to be there. But Florida law still requires you to remove them through a court process. Locking them out or removing their belongings without a writ of possession is illegal, even if you own the property outright.
Two paths: Police (criminal trespass) works only if the squatter entered recently and has no tenancy claim — act within days. Unlawful detainer (Fla. Stat. Ch. 82) is the civil court process when police won't remove them — file in county court (~$185 filing fee), 3–6 weeks to writ of possession uncontested. Self-help removal (locks, utilities, belongings) is illegal under § 83.67 regardless of how clear your ownership is.
Police vs. court: which approach applies
| Situation | Police can help? | Court required? |
|---|---|---|
| Found squatter today, clear trespass, no prior contact | Often yes | Maybe not |
| Squatter has been there 2+ weeks | Rarely | Yes — Ch. 82 unlawful detainer |
| Squatter claims to have a lease (even fake) | No — civil dispute | Yes — Ch. 83 eviction or Ch. 82 if fraud proven |
| Squatter previously invited, now won't leave | No | Yes — Ch. 82 unlawful detainer |
| Squatter has been paying anything (cash, food) | No | Yes — may be Ch. 83 tenancy (notice required first) |
Step-by-step: unlawful detainer process
When police won't remove a squatter, the unlawful detainer process under Ch. 82 is the fastest legal path. Here's the full sequence for Miami-Dade:
Photograph or video the squatter's presence. Note the date you first discovered them. Gather evidence they were never invited or permitted (no lease, no receipt of payment). This is your case foundation.
Post a written demand on the property giving the squatter 24–72 hours to leave. Keep a copy with your records. This step establishes you demanded possession before filing and is required in the unlawful detainer complaint.
File a Complaint for Unlawful Detainer in Miami-Dade County Civil Court. The filing fee is approximately $185. Attach your deed or proof of ownership, the demand notice, and any documentation of unauthorized entry.
The squatter must be formally served with the complaint. You can hire a private process server (fastest) or use the Miami-Dade Sheriff's Office Civil Division. Service is required before the court schedules a hearing.
Hearings are typically scheduled 5–20 days after service. If the squatter fails to appear or has no valid defense, the court enters a default judgment and issues a writ of possession. The Sheriff then posts notice and returns within 24 hours to enforce the lockout.
Adverse possession: the 7-year myth explained
Florida's adverse possession statute (Fla. Stat. § 95.18) allows someone to claim ownership of property they have occupied openly, continuously, and without the owner's permission for at least 7 years — and they must have paid property taxes during that period.
Why most squatters cannot claim adverse possession
- 7 consecutive years of uninterrupted, open occupancy required
- Squatter must have paid property taxes on the parcel each year
- Your filing an unlawful detainer complaint interrupts the 7-year clock
- Any acknowledgment of your ownership (even arguing in court) breaks continuity
Act promptly — not because the 7-year clock is close, but because longer occupancy makes court proceedings more complicated and police less willing to act.
A squatter who presents a written lease — real or forged — converts this from a criminal trespass into a civil dispute. Police will step back. You'll need to file an eviction complaint under Ch. 83 and let the court examine the documents. See: when does occupancy create tenancy rights in Florida?
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
Can police remove a squatter in Florida?
It depends on timing. If you discover the squatter within days of unauthorized entry and have clear proof the person never had permission to be there (no lease, no invitation, no prior relationship), police may treat it as criminal trespass and remove them immediately. Once the squatter has been in residence for weeks or months, police typically call it a civil matter and will not remove them — you'll need to file an unlawful detainer action in county court.
What is adverse possession and can a squatter take my property?
Florida's adverse possession statute (Fla. Stat. § 95.18) requires a squatter to occupy property openly, continuously, and without permission for at least 7 years — and they must pay property taxes during that period. The bar is high and most squatters do not come close. However, this is a reason to act quickly and not allow a squatter to remain for years. A formal court action for unlawful detainer also creates a legal record of your ownership and their unauthorized status.
What if the squatter claims they have a lease or rental agreement?
If a squatter presents a lease — even a fake one — this converts the matter from a criminal trespass to a civil dispute. Police will step back. You'll need to file an eviction complaint under Fla. Stat. Ch. 83 and let the court examine the lease. This is a known squatter tactic called "cash for keys fraud" — landlords are advised never to accept lease documents from an unauthorized occupant without verifying through the court process.
Can I change the locks or remove a squatter's belongings myself?
No. Florida's self-help eviction prohibition under Fla. Stat. § 83.67 applies even to squatters once they have established any residency. Removing their belongings, cutting utilities, or changing locks without a writ of possession exposes you to liability for three months' rent-equivalent damages or actual damages, whichever is greater. Document everything and use the court process.
How long does it take to remove a squatter through unlawful detainer in Florida?
An uncontested unlawful detainer in Miami-Dade County typically takes 3–6 weeks from filing to writ of possession. The Miami-Dade Sheriff's Office then has 24 hours from posting the writ at the property to enforce the lockout. If the squatter contests — which is uncommon but possible — the hearing process can extend to 60–90 days.
What if the squatter has children or claims to be a victim of domestic violence?
The presence of children does not change the legal obligation to go through the court process — courts will not delay a writ of possession simply because children are present. Domestic violence claims are handled separately; a valid injunction for protection does not give a squatter the right to remain in your property. Contact a Florida attorney if these complications arise.
Squatter situation in Miami-Dade?
If they have no tenancy claim, our specialists can route you to a Florida attorney experienced in unlawful detainer filings. If there is any payment history, we can generate the correct statutory notice to start the eviction process.
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