Can Police Remove Squatters in Florida?
Contents
What are Squatters?
Squatters are individuals who occupy a property without the owner’s permission. They may gain access to the property by breaking and entering, exploiting a weakness in the property’s security, or being allowed to stay by the property owner. Squatting is illegal and can have serious consequences for both the squatter and the property owner.
Civil vs. Criminal Proceedings
In Florida, there are two types of legal proceedings that can be used to remove a squatter from a property: civil and criminal. Civil proceedings involve the property owner filing a lawsuit against the squatter to recover possession of the property and seek damages for any losses incurred. In a civil case, the property owner must prove that the squatter is illegally occupying the property and that the property owner has a clear title to the property.
Can Police Remove Squatters in Florida?
Short Answer: No, the police cannot remove squatters in Florida without a valid court order. While police officers can respond to reports of squatters and detain them, they cannot forcefully remove the squatter without a valid court order authorizing the eviction.
Criminal Charges Against Squatters
However, the police can file criminal charges against squatters for trespassing, burglary, or other offenses related to the illegal occupation of the property. These charges can lead to serious consequences, including fines and imprisonment. Florida Statute 810.03 defines trespassing and states that a person can be arrested and charged if they willfully and unlawfully enter or remain in a dwelling or structure, without the consent of the owner or person in lawful possession.
Process of Removing Squatters in Florida
If a property owner wants to remove a squatter from their property, they must follow a legal process that involves:
- Sending a 3-Day Notice: The property owner must send the squatter a 3-day notice to vacate the property. This notice must be in writing, specify the grounds for the eviction, and state that the squatter must vacate the property within 3 days.
- Filing a Complaint: If the squatter does not vacate the property, the property owner must file a complaint in court seeking an eviction and damages.
- Serving the Squatter: The squatter must be served with the court documents and notice of the eviction.
- Court Hearing: The case will go to court for a hearing, where a judge will determine whether the squatter is illegally occupying the property and whether the property owner has a valid claim for eviction.
- Writ of Possession: If the judge rules in favor of the property owner, the court will issue a writ of possession, which is a legal document that gives the sheriff the authority to physically remove the squatter from the property.
Table: Steps to Remove a Squatter in Florida
| Step | Process |
|---|---|
| 1 | Send 3-day notice to squatter |
| 2 | File a complaint in court |
| 3 | Serve the squatter with court documents |
| 4 | Court hearing |
| 5 | Writ of possession |
Tips for Property Owners Dealing with Squatters in Florida
- Document everything: Keep a record of any interactions with the squatter, including dates, times, and details of any incidents.
- Fence off the property: Consider fencing off the property to prevent the squatter from gaining access.
- Contact local law enforcement: If you suspect someone is squatting on your property, contact local law enforcement to report the issue.
- Consult a lawyer: If you’re unsure about the legal process or need assistance with eviction, consult a lawyer.
Conclusion
Removing a squatter from a property in Florida requires a thorough understanding of the legal process and a willingness to pursue legal action. While police officers can respond to reports of squatters and file criminal charges, they cannot forcefully remove the squatter without a valid court order. By following the process outlined in this article and seeking legal advice when needed, property owners can effectively remove squatters and reclaim their property.
