Squatters' Rights in Florida
Florida rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Sheriff removal without a lawsuit. An owner (or authorized agent) of residential property may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, signed under penalty of perjury, with ID or proof of agency) if… Fla. Stat. § 82.036
The rules in Florida
| Squatters / unauthorized occupants | Sheriff removal without a lawsuit. An owner (or authorized agent) of residential property may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, signed under penalty of perjury, with ID or proof of agency) if: the occupants entered unlawfully and are living there; the property was not open to the public; the owner told them to leave; they are not current or former tenants under any owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-possession service fee, plus an hourly stand-by fee if requested. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. Created by ch. 2024-44 (HB 621, eff. July 1, 2024). Ch. 2025-112 (CS/CS/SB 322, eff. July 1, 2025) changed the perjury reference in the complaint form to § 92.525 and created a similar sheriff-removal remedy for commercial property (§ 82.037); ch. 2026-14 (reviser's bill) only conformed the form's style. Neither changed the residential procedure described here. Related criminal provisions enacted by ch. 2024-44 (e.g., false-lease and property-damage offenses) were not separately verified. Source: Fla. Stat. § 82.036 |
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| Belongings left behind | After the sheriff executes a writ of possession, the landlord may remove the tenant's belongings to or near the property line, with no liability for loss. For property left after the tenant vacates (by surrender, abandonment or otherwise) the landlord may follow the Disposition of Personal Property Landlord and Tenant Act: written notice describing the property, where to claim it, that storage costs may be charged, and a claim deadline at least 10 days after personal delivery or 15 days after mailing (first-class mail to last known address). Unclaimed property must be sold at public sale after 2 weekly newspaper ads, unless the landlord reasonably believes it is worth under $500, in which case it may be kept or disposed of; surplus proceeds go to the county. A lease (or separate written agreement) with the statutory capitalized legend can relieve the landlord of these storage/disposal duties upon surrender, abandonment, or death of the last tenant. Ch. 715 at https://www.flsenate.gov/Laws/Statutes/2026/Chapter715/All. Removing a tenant's property outside these situations makes the landlord liable for actual damages or 3 months' rent, whichever is greater (§ 83.67(6)). |
Related questions
Florida vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Florida | Sheriff removal without a lawsuit. An owner (or authorized agent) of residential property may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, signed under penalty of perjury, with ID or proof of agency) if: the occupants entered unlawfully and are living there; the property was not open to the public; the owner told them to leave; they are not current or former tenants under any owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-possession service fee, plus an hourly stand-by fee if requested. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. Fla. Stat. § 82.036 | After the sheriff executes a writ of possession, the landlord may remove the tenant's belongings to or near the property line, with no liability for loss. For property left after the tenant vacates (by surrender, abandonment or otherwise) the landlord may follow the Disposition of Personal Property Landlord and Tenant Act: written notice describing the property, where to claim it, that storage costs may be charged, and a claim deadline at least 10 days after personal delivery or 15 days after mailing (first-class mail to last known address). Unclaimed property must be sold at public sale after 2 weekly newspaper ads, unless the landlord reasonably believes it is worth under $500, in which case it may be kept or disposed of; surplus proceeds go to the county. A lease (or separate written agreement) with the statutory capitalized legend can relieve the landlord of these storage/disposal duties upon surrender, abandonment, or death of the last tenant. Fla. Stat. §§ 83.62(2), 83.67(5), 715.104, 715.109 |
| Alabama | An owner (or agent) of a dwelling may have an unauthorized occupant removed by law enforcement without an eviction suit. Steps: (1) give the occupant notice at the dwelling (hand delivery or posting on the front door/entrance) that they have no right to the dwelling and must vacate immediately, including the street address of the law enforcement agency; (2) submit a sworn affidavit in the statutory form to law enforcement in the county, attaching the notice with date/time of delivery and ID or proof of agency. The affidavit must state the occupant is not a tenant, holdover tenant, or immediate family member and that no litigation is pending. After verifying ownership and at least 24 hours after receiving the affidavit, law enforcement serves a notice to immediately vacate and may arrest for trespass, burglary, theft, or outstanding warrants. The agency may charge up to $50. A knowingly false affidavit can be prosecuted as false reporting (§ 13A-10-9); a wrongfully removed person may recover possession, actual damages, punitive damages of triple the fair market rent, costs and attorney fees. Squatters are excluded from Chapters 9 and 9A, so no eviction action is required. Renting or listing property without authority is a Class D felony (Class C if money was received or the owner is 70 or older). Ala. Code §§ 35-9B-1 to 35-9B-9 (Act 2024-237); §§ 13A-9-22, 13A-9-23 (Act 2026-536) | If a tenant leaves property in the unit more than 14 days after the tenancy is terminated under the Act, the landlord has no duty to store or protect it and may dispose of it without obligation. No notice, storage or sale procedure is set out. A unit is also considered abandoned if electric service has been off for seven consecutive days. Ala. Code § 35-9A-423(d)-(e) |
| Georgia | Two tracks, both without a regular eviction. (1) Intruder affidavit: the owner (or agent/attorney) swears an affidavit that they claim possession in good faith and the named occupant does not, and gives it to the sheriff, deputy, constable, marshal or other POST-certified officer, who shows it to the occupant and removes them once 3 days have passed, unless the occupant tenders a counteraffidavit claiming a good-faith legal right to possession. A counteraffidavit sends the matter to a nonjury magistrate court trial; if the occupant's claim is not meritorious, removal follows by writ of possession, and the court may award fair-market rent for the occupancy. (2) Criminal 'unlawful squatting' (entering and residing on another's property without the owner's knowledge or consent): the person is cited and has 3 business days to present documentation (e.g., a lease or rent receipts) to the law enforcement agency or face arrest; if documents are produced, a hearing is held within 7 days, and fake or non-meritorious documents lead to removal, arrest and a fine based on fair-market monthly rent. Misdemeanor. O.C.G.A. §§ 16-7-21.1; 44-11-30 to 44-11-33; 15-10-2(a)(18)-(19) (HB 1017, 2024 Georgia Squatter Reform Act) | A writ of possession authorizes removing the tenant and the tenant's belongings; the property may be placed on the landlord's land or other property designated with the executing officer's approval (e.g., sidewalk or street). The landlord is not a bailee and owes the tenant no duty for the property, which is treated as abandoned once the writ is executed. No statutory storage period or sale notice for evicted tenants' belongings. O.C.G.A. § 44-7-55(c) |
City rules that may add to state law
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Squatters' Rights in Florida FAQ
How do you remove a squatter in Florida?
Sheriff removal without a lawsuit. An owner (or authorized agent) of residential property may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, signed under penalty of perjury, with ID or proof of agency) if: the occupants entered unlawfully and are living there; the property was not open to the public; the owner told them to leave; they are not current or former tenants under any owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-possession service fee, plus an hourly stand-by fee if requested. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. (Fla. Stat. § 82.036)
What can a landlord do with a tenant's abandoned property in Florida?
After the sheriff executes a writ of possession, the landlord may remove the tenant's belongings to or near the property line, with no liability for loss. For property left after the tenant vacates (by surrender, abandonment or otherwise) the landlord may follow the Disposition of Personal Property Landlord and Tenant Act: written notice describing the property, where to claim it, that storage costs may be charged, and a claim deadline at least 10 days after personal delivery or 15 days after mailing (first-class mail to last known address). Unclaimed property must be sold at public sale after 2 weekly newspaper ads, unless the landlord reasonably believes it is worth under $500, in which case it may be kept or disposed of; surplus proceeds go to the county. A lease (or separate written agreement) with the statutory capitalized legend can relieve the landlord of these storage/disposal duties upon surrender, abandonment, or death of the last tenant. (Fla. Stat. §§ 83.62(2), 83.67(5), 715.104, 715.109)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.