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Squatter Rights In Florida

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Multi-State
Control #:
US-02222BG
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Description

Unlawful detention in the real property context means keeping possession of real property without a right, such as after a lease has expired. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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  • Preview Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights
  • Preview Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights

How to fill out Complaint For Damages And Relief For Unlawful Detention Of Real Property Formerly Held By Plaintiff Pursuant To A License - Squatter's Rights?

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FAQ

Under Chapter 82, Section 35 of the Florida code, police can remove unwanted squatters if a property owner gives them a sworn affidavit claiming the transient occupants are unlawfully residing on the property.

A squatter must have seven years of consecutive property occupation before than submit an adverse possession claim. During that time, they must have kept up with and paid the property taxes. They must also have a color of title.

The only way to remove a squatter in Florida is to file an ?unlawful detainer? lawsuit. This is a type of eviction lawsuit used solely to determine the right to possession of real property; no other legal grievances with the squatter may be tried in this case.

Fortunately, it is difficult to assert an adverse possession claim in Florida. A squatter must occupy a property for seven consecutive years before they can submit an adverse possession claim. Landlords that diligently monitor their properties can catch and remove a squatter long before seven years have passed.

Unlike most other states, Florida does not have a specific procedure to remove squatters. Property owners, estate beneficiaries, and executors must instead file an ?unlawful detainer lawsuit.?

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Squatter Rights In Florida