How to Evict a Squatter in Florida: Sheriff or Unlawful Detainer

To evict a squatter in Florida, you have two main paths: submit a sworn affidavit to your county sheriff for immediate removal under the 2024 transient occupant law, or file an unlawful detainer lawsuit in county court. Which one fits depends on whether the person qualifies as a “transient occupant” under Section 82.035 and whether your local sheriff will act on the affidavit. Before you pick a path, you have to be sure the person is a squatter and not a tenant, because the removal rules are completely different.

First, Confirm the Person Is a Squatter, Not a Tenant

This is the step that decides everything else. Florida defines a transient occupant as someone whose stay has been brief, is not under any lease, and was always intended to be temporary.¹ The statute lists factors that point toward transient occupant status:

No ownership stake, financial interest, or lease entitling them to be on the property
No water, electric, or other utility accounts in their name at the address
No government-issued ID, voter registration, or official mail showing the property as their address in the past 12 months
Pays minimal or no rent
No dedicated room or personal space inside the home
Few personal belongings kept on-site
Has an apparent permanent residence somewhere else

No one factor is decisive. The more that apply, the stronger the case that the person is a squatter.¹

If the person has paid rent even once, has a verbal or written agreement to live there, or stayed on after a lease expired, they are almost certainly a tenant. Tenants are governed by the Residential Landlord and Tenant Act (Chapter 83, Part II) and can only be removed through a formal eviction with proper written notice and a court order.² Misclassifying a tenant as a squatter and skipping the eviction process exposes you to real liability, so when the facts are ambiguous, get legal advice before you act.

Option 1: Sheriff Removal by Sworn Affidavit

The fastest route is the affidavit process under Section 82.035, added by House Bill 621 in 2024. There is no lawsuit and no court hearing.³

As the owner (or an authorized agent), you prepare a sworn affidavit and submit it to your county sheriff’s office. The affidavit needs to lay out the specific facts showing the person qualifies as a transient occupant, tying those facts to the statutory factors. Bring proof of ownership, such as a deed, along with any evidence supporting the classification.¹

Once the sheriff reviews and accepts the affidavit, a deputy goes to the property and directs the occupant to leave. The occupancy terminates at that point. If the person refuses to go, they can be arrested for trespass in a structure under Section 810.08.⁴ Whether the person actually met the transient occupant definition is not something they can raise as a defense to the trespass charge.¹

The 2024 law also created criminal penalties for squatters who present forged leases or fake deeds to resist removal, which gives law enforcement more room to act when the occupant tries to bluff their way out.³

Option 2: Unlawful Detainer Lawsuit in County Court

If the sheriff’s office declines to act on your affidavit, or you would rather have a court order in hand, file an unlawful detainer action in county court under Chapter 82. It moves under Florida’s summary procedure rules, so it is still faster than a standard eviction. You do not have to give the squatter any advance notice before filing.¹

File the Complaint

Get a Complaint for Unlawful Detainer from your county Clerk of Court. The complaint must identify you as the party entitled to possession, describe the property, and explain why the occupant has no right to be there. Attach your deed or other proof of ownership. Filing fees vary by county but run around $300.⁵

Serve the Occupant

The complaint and a court-issued summons must be delivered by a sheriff’s deputy or a certified process server. The occupant has five working days from service to file a written response. Weekends, holidays, and the day of service do not count.⁶ If they do not respond, ask the court for a default judgment. If they do respond, the court sets a hearing.

Get a Writ of Possession

An unlawful detainer action decides who has the right to possess the property, not who owns it. If you win, the court enters a judgment ordering the occupant to leave, and may award damages and costs. You then have the clerk issue a Writ of Possession, which directs the sheriff to physically remove the occupant. A deputy posts a 24-hour notice on the property; if the person has not left by then, the deputy returns and carries out the removal.⁷

Handling the Squatter’s Belongings After Removal

You cannot throw the person’s property away or keep it. Florida law requires you to let the former transient occupant retrieve their belongings at reasonable times within 10 days after the occupancy ends. You or a trusted third party must supervise the pickup.⁸

If you have reason to believe the person was violent, destructive, or had substance abuse issues, you can impose safety conditions on the pickup. That might mean requiring a law enforcement officer to be present or hiring a professional mover to remove the items rather than letting the person back inside.⁸

If the person never returns for their things within a reasonable time, you can treat the property as abandoned. If you unreasonably block them from recovering it, they can sue you for damages and attorney fees.⁸ The safest approach is to document your communication, offer specific pickup windows in writing, and keep a record showing you made the property available.

Do Not Try to Remove the Squatter Yourself

Changing the locks, shutting off the water, or hauling the person’s belongings to the curb feels like the fastest fix. It is not, and it can be expensive. Section 83.67 specifically bans cutting off utilities, changing locks, and removing personal property without going through the courts, and a tenant subjected to a self-help eviction can sue for actual damages or three months’ rent, whichever is greater, plus court costs and attorney fees.²

The trap is classification. If you were wrong and the person turns out to be a tenant under even a verbal agreement, you have just committed an illegal eviction. And even when the person really is a squatter, a physical confrontation can turn into an assault or battery charge against you. The affidavit route is fast enough that self-help is never worth the risk.

If the Person Is Actually a Tenant

If the occupant qualifies as a tenant, neither the affidavit nor the unlawful detainer path is available. Removal requires a formal eviction under Chapter 83, Part II, starting with proper written notice.

The notice depends on the reason. A tenant who fails to pay rent gets a three-day notice. A tenant who violates lease terms typically receives a seven-day notice to cure. A month-to-month tenant being terminated without cause is entitled to at least 15 days’ written notice before the end of a monthly period. Only after the notice period expires and the tenant has not complied can you file a formal eviction lawsuit. Attempting the transient occupant process on a tenant will not speed anything up; the court will reject it, and you could end up paying the tenant’s attorney fees.

When a Squatter Claims Ownership Through Adverse Possession

Occasionally a long-term squatter tries to claim legal title through adverse possession. Florida requires seven years of continuous possession along with strict additional conditions, so successful claims are uncommon.⁹

To establish adverse possession without a written deed, the squatter must satisfy all of the following:

Seven years of actual, continuous, and exclusive possession
Payment of every outstanding tax and special assessment within one year of taking possession, and continued payment of taxes every year afterward
A formal return filed with the county property appraiser within 30 days of the initial tax payment, including a notarized statement made under penalty of perjury
Physical use of the property, either enclosed by a substantial barrier or actively cultivated, maintained, or improved

Florida also built in a safeguard for owners: if the record owner pays the annual tax bill before April 1 of the tax year, the tax collector refunds any payment the adverse possessor already made on that assessment.¹⁰ Staying current on your taxes effectively blocks the claim. Owners of vacant or unmonitored properties should also check tax records periodically to catch any adverse possession return filed against the parcel early.

1
Florida Senate. Florida Code 82.035 – Remedy for Unlawful Detention by a Transient Occupant of Residential Property
2
The Florida Legislature. Florida Code 83.67 – Prohibited Practices
3
Florida Senate. House Bill 621 (2024)
4
The Florida Legislature. Florida Code 810.08 – Trespass in Structure or Conveyance
5
Broward County Clerk of Courts. Fees and Costs
6
12th Judicial Circuit Court of Florida. Unlawful Detainer Instructions
7
Justia. Florida Code Chapter 82 – Forcible Entry and Unlawful Detainer
8
The Florida Legislature. Florida Code 82.035 – Remedy for Unlawful Detention by a Transient Occupant of Residential Property
9
The Florida Legislature. Florida Code 95.18 – Real Property Actions; Adverse Possession Without Color of Title
10
The Florida Legislature. Florida Code 197.3335 – Tax Payments for Property Subject to Adverse Possession Claims