In a recent move, Florida Governor Ron DeSantis signed Bill 621 into law, a sweeping piece of legislation that abolishes squatter rights in the state and grants law enforcement the authority to immediately remove squatters from properties. The issue of squatters and adverse possession is a topic of significant debate, and while Florida has taken a hard stance, other states, including Texas and New York, still require legal processes for eviction. Let’s break down the key issues surrounding squatting, the laws that apply, and how homeowners can protect their properties.
Understanding Squatting and Adverse Possession
Squatting is commonly known in real estate law as adverse possession. The legal principle allows individuals to take possession of an abandoned or neglected property by occupying it, making improvements, and even paying property taxes over a specified period. The idea behind adverse possession is to encourage the productive use of land and discourage property neglect.
For example, Texas follows an adverse possession framework under Texas Civil Practice & Remedies Code Chapter 16, which provides different timeframes (ranging from 3 to 25 years) under which a squatter may claim ownership depending on various factors. Historically, adverse possession has been seen as beneficial in cases where neglected properties are revived, particularly in economic downturns such as the 2008 financial crisis, which left many properties abandoned.
Florida’s New Anti-Squatter Law
Florida's Bill 621 eliminates all squatter rights, effectively nullifying adverse possession as a legal mechanism in the state. Under the new law:
- Police can remove squatters immediately without requiring a lengthy eviction process.
- Damage exceeding $1,000 is now a felony, ensuring that squatters who cause significant harm to property face criminal charges.
This new legislation came in response to viral cases, including a social media personality allegedly promoting squatting as a means to live rent-free. Public outrage over situations where squatters took over homes and left property owners with costly legal battles likely influenced the bill's passage.
How Squatting Laws Differ Across the U.S.
While Florida now allows for immediate removal, other states handle squatters differently. In New York, for example, squatters who have been in a property for more than 30 days are granted tenant rights, requiring property owners to undergo a formal eviction process. This has led to situations where homeowners have been arrested for attempting to forcibly remove squatters from their own properties.
In Texas, the process is somewhat faster. Homeowners returning from vacation to find squatters in their homes may call law enforcement, who will assess whether the squatters can provide a legitimate lease or proof of ownership. If the squatters falsely claim a legal right to remain, homeowners may need to initiate an eviction process, which can take about one to two months under Texas law. While not as extreme as New York, Texas does still require a legal process in some cases.
Finding a Balanced Approach
Florida’s strict law has been met with both praise and criticism. On one hand, it eliminates loopholes that allow bad actors to exploit adverse possession laws. On the other hand, it removes opportunities for legitimate adverse possession claims, which have historically been useful in revitalizing abandoned properties. A more balanced approach could involve emergency courts that allow disputes over property rights to be resolved within days rather than weeks or months.
For homeowners concerned about squatters, the best preventative measures include ensuring properties are properly secured, maintaining active utility services, and promptly addressing any signs of unauthorized occupation.
All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues.