What Are Squatters' Rights?
A squatter is someone who enters and stays on property without the owner's permission and without any title or right to be there. That is different from a holdover tenant, who once had permission under a lease but stayed after it ended. "Squatters' rights" usually refers to adverse possession, a doctrine under which a person who occupies someone else's land for a period set by state law, and meets the state's other requirements, can eventually gain title. Requirements, time periods, and the process owners use to remove unauthorized occupants all vary by state; Florida, for example, adopted a sheriff-removal procedure in 2024.
What the law says
- Example (New York): state law defines a squatter as a person who enters onto or intrudes upon real property without the permission of the person entitled to possession and continues to occupy it without title or right, and provides that a "tenant" does not include a squatter. New York Real Property Actions and Proceedings Law 711 (New York State Senate)
- A holdover tenant is different: in Florida, for example, when a tenant stays in a dwelling after the rental agreement ends without the landlord's permission, the landlord may recover possession through the state's eviction procedure and may also recover double the rent for the holdover period. Florida Statutes 83.58 (2026), Remedies; tenant holding over
- Example (New York): an adverse possessor is a person who occupies another's real property, with or without knowledge of the other's superior ownership rights, in a way that would give the owner a claim for ejectment; title is gained when the limitations period for an action to recover real property runs out. New York Real Property Actions and Proceedings Law 501 (New York State Senate)
- New York's adverse possession law generally requires a "claim of right," meaning a reasonable basis for the belief that the property belongs to the adverse possessor. New York Real Property Actions and Proceedings Law 501 (New York State Senate)
- Example (Florida): to claim adverse possession without color of title, a person must have actual, continued possession for 7 years, pay all outstanding property taxes and matured special improvement lien installments within 1 year after entering possession, and keep paying them for each remaining year of the 7-year period. Florida Statutes 95.18 (2026), Adverse possession without color of title
- Florida also requires the adverse possessor to file a return with the county property appraiser on a Department of Revenue form, attested under penalty of perjury; the return itself states that it creates no enforceable interest in the property. Florida Statutes 95.18 (2026), Adverse possession without color of title
- In Florida, occupying a residential structure solely under an adverse possession claim before filing that return is trespass, and occupying one solely under such a claim while offering it for lease is theft. Florida Statutes 95.18 (2026), Adverse possession without color of title
- Florida's 2024 law (ch. 2024-44, since amended) lets a residential property owner ask the county sheriff to remove unauthorized occupants by filing a verified complaint, if the occupants entered unlawfully, the property was not open to the public, the owner told them to leave, and they are not current or former tenants or immediate family members, among other conditions. Florida Statutes 82.036 (2026), Limited alternative remedy to remove unauthorized persons from residential real property
- Under the Florida procedure, the sheriff verifies that the requester is the record owner or authorized agent, serves a notice to immediately vacate, and puts the owner in possession; occupants may be arrested for trespass or other legal cause if appropriate. Florida Statutes 82.036 (2026), Limited alternative remedy to remove unauthorized persons from residential real property
- Florida's procedure includes safeguards: false statements in the complaint are made under penalty of perjury, and a person wrongfully removed may be restored to possession and recover damages, including statutory damages of three times the property's fair market rent, plus court costs and attorney fees. Florida Statutes 82.036 (2026), Limited alternative remedy to remove unauthorized persons from residential real property
FAQ
Is a squatter the same as a tenant?
Not in New York: state law says a "tenant" does not include a squatter, defined as someone who entered without permission and stays without title or right.
How long does someone have to occupy property to claim adverse possession?
It depends on the state. In Florida, adverse possession without color of title requires 7 years of actual, continued possession, along with paying the property taxes and filing a return with the property appraiser.
Can a property owner call the sheriff to remove squatters?
In Florida, a residential property owner who meets the statute's conditions can file a verified complaint asking the county sheriff to remove unauthorized occupants. Other states use different procedures.
What happens if a tenant refuses to leave after the lease ends?
That person is a holdover tenant, not a squatter. In Florida, the landlord can recover possession through the eviction procedure and may also recover double rent for the holdover period.
Does adverse possession require believing the property is yours?
In New York, the law generally requires a "claim of right," a reasonable basis for believing the property belongs to the adverse possessor, though this is not required if the owner cannot be identified from county records by reasonable means.
Related
- Do I Need a Lawyer for an Eviction?
- The Fair Housing Act: Your Rights Against Housing Discrimination
- How to Apply for Section 8: Eligibility, Waitlists and Income Limits
- Can a Section 8 Tenant Be Evicted? Rules and Notices
- Section 8 Income Limits Explained (2026)
- Section 8 Inspection: What Inspectors Check (NSPIRE)
- Renting to Section 8 Tenants: Rules for Landlords
- Section 8 Payment Standards and Fair Market Rent Explained
- Moving With a Section 8 Voucher (Portability): How It Works
- Can You Lose Your Section 8 Voucher? Reasons and Hearings
- What Is a Security Deposit?
- Landlord-Tenant Law by state
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.