Lawyers Say The Most Common Squatting Lawsuits Don't Fall Under "True Squatting"

Photo byFlorida Real Estate

You'd think letting a family member live on your property without their name on the lease or deed can seem harmless at first, but if things go wrong, it may be more difficult to remove them than you’d think.

There have been reports of squatters everywhere in the US, including in Florida. But thanks to a new law signed by Governor Ron DeSantis, evicting squatters is now easier for police enforcement to accomplish without requiring homeowners to go through drawn-out and costly legal procedures.

Eviction proceedings can be intricate, with numerous factors influencing the way each case is managed. In a phone conversation with Fox News Digital, Jerron Kelley, a partner at Boca Raton, Florida's Kelley & Grant P.A., talked about the state's most frequent eviction cases.

"Often, the most common cases don’t fit the typical idea of squatting," Kelley said. He noted that disputes within families and between unmarried couples are the most common situations.

"The person being evicted cannot have any ownership interest or be involved in a legal dispute over ownership of the property," Kelley explained. For example, a family dispute could arise if an adult child is living in their parents' house without owning it and not following their parents' rules.

A typical eviction scenario between an unmarried couple could involve a woman who owns a property and invites her boyfriend to live with her. If disputes arise and the woman wants her boyfriend to leave, the police might not remove him immediately. Instead, an unlawful detainer lawsuit would be necessary in Florida. "He entered the property peacefully and with her permission, so he is not a squatter," Kelley said. "However, he can be removed through an unlawful detainer lawsuit because he has no ownership interest in the property." Other factors, such as whether the individual has a lease or pays rent, can also influence the situation.

Before the new Florida law, true squatters—those who enter a property without permission and without paying rent—would often require an unlawful detainer lawsuit for removal.

"The new Florida statute now makes it easier for landlords to call the police in situations where the property wasn't open to the public, and the person is not a tenant. In many cases, they can be removed by the police without the need for filing an unlawful detainer lawsuit," Kelley explained.

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