Florida Gov. Ron DeSantis signed a bill, HB 621, on Wednesday preventing a squatter takeover of homes in the state.
Squatters often target abandoned or unoccupied properties, taking advantage of their owners’ absence or neglect. They may occupy these properties, make necessary repairs, and even sell them without the rightful owner’s knowledge or consent.
“If you purchase a home and own a residence, that that’s your residence, and if you happen to split time in Orlando and Michigan, and if you go to Michigan over the summer, people aren’t going to be able to just move into your house and then claim squatter’s rights on your private residence and yet in places like New York and California, that’s exactly what’s happening in this country. Homes are being invaded, and those States and their law are not siding with the homeowners; they’re siding with the squatters,” said DeSantis.
“Earlier this month, in New York, a woman returned to a property she had inherited to find squatters living there. She changed the locks to get them out. The state of New York arrested her instead of the squatters. Just a few days ago, two squatters in New York City allegedly murdered a property owner,” said DeSantis.
House Bill 621 will allow a Florida homeowner to quickly and legally remove a squatter from a property, increasing criminal penalties for squatting.
In Florida, reclaiming your home from squatters will be quick and simple, avoiding costly delays, litigation, and missed rents.
HB 621 also creates harsh penalties for those engaged in squatting and for those who encourage squatting and teach others the scam. The bill makes it:
- A first-degree misdemeanor for making a false statement in writing to obtain real property or for knowingly and willfully presenting a falsified document conveying property rights;
- A second-degree felony for any person who unlawfully occupies or trespasses in a residential dwelling and who intentionally causes $1,000 or more in damages; and
- A first-degree felony for knowingly advertising the sale or rent of a residential property without legal authority or ownership.
“The squatter scam ends today. With my signature on this piece of legislation, the State of Florida will be better off for it,” said DeSantis.
“Florida is once again leading the nation, this time in securing our state against squatters,” said Attorney General Ashley Moody. “Biden has allowed millions of illegal immigrants to flood across the border. After video evidence of their plan to take over homes emerged, we’re ensuring Floridians are protected from this egregious and brazen scheme. I’m grateful to Governor DeSantis for signing this important legislation into law, and to Representative Kevin Steele for carrying this bill through Session.”
This bill comes on the heels of a viral TikTok video.
A TikTok video featuring Leonal Moreno, a Venezuelan migrant with a significant online following, caused a stir when he shared advice on how to “invade” unoccupied homes and invoke squatter’s rights.
Moreno claimed that under US law if a house is not inhabited, it can be seized by squatters. He even mentioned that his “African friends” had already taken over seven homes using this approach.
Moreno’s video sparked outrage among TikTok users and the general public. Many viewed his advice as encouraging illegal activities and undermining property rights. Commenters expressed their concerns, with some calling for an investigation by the Federal Bureau of Investigation (FBI).
Read: Florida Sheriff Blasts Feds After Woman Kidnapped And Raped “Idiots In Washington, D.C.”
Variations in State Laws
Squatter’s rights laws differ among the 50 states, making it crucial for homeowners to understand the specific regulations in their jurisdiction. While some states offer extensive protections for squatters, others have stricter laws that favor property owners.
Adverse Possession Requirements
To claim adverse possession, squatters must meet certain criteria, which typically include:
- Open and Notorious Occupation: Squatters must occupy the property openly, without attempting to conceal their presence.
- Exclusive Possession: Squatters must exercise exclusive control over the property, excluding the rightful owner and other individuals.
- Continuous Occupation: Squatters must occupy the property continuously for a specified period, typically ranging from a few years to over a decade.
- Hostile Possession: Squatters must occupy the property without the owner’s permission or legal right to do so.
- Payment of Property Taxes: In some states, squatters may need to demonstrate payment of property taxes during the occupation period.
Evicting Squatters
When faced with squatters, homeowners may need to follow a legal process to reclaim their property. This process typically involves:
- Issuing a Notice to Quit: Homeowners must serve a formal notice to the squatters, demanding that they vacate the property within a specified timeframe.
- Filing a Lawsuit: If the squatters refuse to leave, homeowners may need to file a lawsuit to initiate eviction proceedings. This legal action can be complex and may require the assistance of an attorney.
- Obtaining a Court Order: Homeowners must obtain a court order granting them possession of the property and authorizing law enforcement to remove the squatters if necessary.
- Enforcing the Court Order: With a court order in hand, homeowners can involve law enforcement to physically remove the squatters from the property.
Preventative Measures for Homeowners
To minimize the risk of squatters occupying their properties, homeowners can take several proactive measures:
- Maintain Regular Inspections: Regularly inspect your property to identify any signs of unauthorized occupation or neglect.
- Secure Vacant Properties: If you own a vacant property, ensure it is properly secured, with locked doors, windows, and clear signs of occupancy.
- Monitor Property Records: Keep an eye on property records to detect any unauthorized changes in ownership or occupancy.
- Promptly Address Vacant Property Notices: If you receive a notice regarding a vacant property you own, respond promptly and take necessary action to prevent unauthorized occupation.
The Impact on Homeowners
Financial Burdens
Squatters can impose significant financial burdens on homeowners. They may cause property damage, refuse to vacate, or even initiate legal action against the rightful owners. Homeowners may incur legal fees, property repair costs, and potential loss of rental income or property value.
Emotional Toll
Dealing with squatters can be emotionally draining for homeowners. They may feel violated, frustrated, and helpless in the face of individuals exploiting squatter’s rights laws. The lengthy legal process to evict squatters can exacerbate these emotional burdens.
Addressing the Issue
Advocacy for Legal Reforms
Some homeowners and advocacy groups are pushing for legal reforms to safeguard property owners’ rights and address the loopholes that allow squatters to exploit adverse possession laws. They argue for stricter regulations, shorter occupation periods, and increased penalties for those who unlawfully occupy properties.
Enhanced Security Measures
Investing in enhanced security measures can help deter squatters and protect properties. Homeowners can consider installing security systems, surveillance cameras, and alarm systems to monitor and secure their properties effectively.
Community Awareness and Vigilance
Creating awareness within communities about squatter’s rights and the potential risks can help homeowners stay vigilant and promptly report any suspicious activity. Neighbors can work together to identify and address potential squatting situations, ensuring a safer environment for all.
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