Deed Holders Versus Squatters: Does Florida’s New Anti-Trespassing Law Signal a Trend?

This year, Florida criminalized squatting.  

Florida homes may be left temporarily empty for various reasons. Some are vacation homes. Some are owned by seniors who need to be absent for healthcare reasons. Some homes wait empty for insurers to authorize storm cleanups. Sometimes, a home stands empty simply because buyers have yet to move in.

An empty home could invite squatters. These are people who change the locks, move in, and prolong their stays by resisting homeowners who try to lock them out. Can the owner have them arrested? If you’re a deed holder and ever leave a property unoccupied, this is something you’ll want to know.

Florida’s New Law Favors Deed Holders, Criminalizes Squatting.

Earlier this year, ABC’s Nightline featured a Florida woman who had left her home empty. When she returned, the lock had been changed. Squatters had taken over, claiming they were renters with a valid lease. That was just enough to give law enforcement pause — because people claiming to be renters are entitled to press their cases in court.

These particular squatters physically chased the deed holder out of her home. Still, police were not free to charge the squatters with a crime. An owner in this situation would need a civil court order to start eviction proceedings.

But  Florida’s governor, Ron DeSantis, signed House Bill 621 into law this year, to deal with alleged trespassers who attempt to take advantage of renter protections.

Florida police officers can now:

• Arrest squatters on the spot.

• Charge squatters who do deliberate damage with a felony.

• Charge squatters who make fake leases with a misdemeanor.

This is a serious departure from traditional property law. Traditional laws protect the occupants of homes from arrest. That can make sense, because innocent renters are at a disadvantage when they attempt to resist eviction.

At the same time, squatting can harm innocent deed holders.

Could Squatters Gain Title to a Property They Occupy?

You might wonder if a squatter could manage to stay long enough to actually get the title to a home. That’s unlikely. Even in states with fairly easy-going laws.

Take California, where people can gain property through adverse possession in just five years. Adverse possession means someone openly (yet without permission) uses someone else’s property for years. The thing is, if a squatter were to hang out in a vacant home for five years in California, that’s not enough by itself. The squatter would need to pay the property taxes all that time to acquire a claim on the deed. 

So, stories about squatters taking over home titles through adverse possession are rarely accurate.

New York law says acquiring property through adverse possession takes 10 years to achieve. Maryland says 20 years; Pennsylvania, 21. Plus, as in California, an adverse possessor may have to show other factors to support a claim to property.

In Posh L.A., an Uptick in Squatting Is the Stuff of Vigilante Videos.

Squatters moved into a $4.6 million Beverly Hills home (owned by someone who had fled the country and forfeited it to the state). The well-organized squatters started renting it out as a party venue.

When questioned, the squatters gave fake leases to law enforcement. A drawn-out eviction process began.

In Studio City, squatters allegedly moved into a $3 million home, ABC’s Nightline reported.

There are rumblings in favor of strengthening anti-trespassing laws. Meanwhile, some Los Angeles property owners started a community watch. They record signs of squatting, deliveries grabbed by porch pirates, and other nefarious exploits.

Flash Shelton has taken matters further still. Shelton is the Squatter Hunter of L.A. He packs heat and posts videos of his showdowns with squatters. Shelton’s past experiences shape his current vigilante moves. The first squatters he “hunted” moved into his mother’s home after his father died.

In North Carolina, the Airbnb Guests Wouldn’t Leave.

In North Carolina, a long-term Airbnb reservation went sour this year. The renters began their stay in October 2023 and were due to depart in May 2024. Then they told the cleaning staff they weren’t going to leave. The deed holder called the police.

The renters who overstayed told police they were going. Then they scribbled a sign and taped it to the front door, refusing to leave without a civil court order for an eviction.

In North Carolina, the longer squatters stay in place, the more legal protections they can tap.

The frustrated deed holder was forced to go through the court proceedings, according to a local ABC News investigation. To remove squatters, deed holders must follow North Carolina’s eviction process. This includes filing paperwork with a civil court, giving written notice to the offending parties, going to hearings, and getting a court order setting out a specific period of time by which the unwanted occupants must leave.

Increases in Squatter Activity Have an Economic Context.

The squatter community keeps the courts busy and confounds homeowners. But squatters can’t all be considered malicious. Sometimes, squatting is a form of putting foreclosed homes to use. It’s a matter of survival. And it appears to be growing in the throes of the housing crisis afflicting cities such as Philly, Baltimore, and Detroit, with their large numbers of abandoned homes. Sometimes, squatters have had organized defenders, successfully pressing governments to transfer vacant homes into community trusts.

At the same time, there’s increasing political pressure on states to follow Florida’s lead and crack down on trespassing. Anti-squatting voices want police authorized to take unwanted people out of homes — at least when the request comes from the property’s deed holder.

This isn’t so simple for law enforcement. Police responding to a call might wonder if the owner is trying to oust an actual renter. So, under traditional state laws, renters can’t just be forced out immediately when a lease is up. Or when a lease is breached. Or even when someone is living in a home without the owner’s permission. A court has to issue an order after reviewing the facts. This goes case by case.

Consider New York—Where Squatters Acquire Rights in 30 Days.

In New York, simply living at an address for 30+ days could form a legal tenancy relationship. This would give the squatter a set of official protections.

Adele A. went to sell an inherited New York City home. Adele was later arrested for attempting to oust people she claimed were squatters. She had the locks changed on the squatters — after the squatters changed them first. Under New York law, that’s still unlawful eviction.

Eyewitness News came to the scene and asked to see the lease the squatter claimed to hold. He produced no paperwork except for bills for maintenance work he said he took care of.

“Pay me the money and I’ll leave, or send me to court,” said the squatter.

But in New York, a typical eviction case takes close to two years.

Now, New York lawmakers are considering a new law for 2025 that would end protections for squatters. The bill expressly separates unlawful trespassers from protected renters.

Before You Go…A Note for the Deed Holder Who Has to Leave a Home Empty.

There are special, drill-resistant locks on the market that deter trespassers. Leaving your home empty, even for a brief time? Get a good lock. And if you use a home-sharing platform, don’t count on the company to help free you from your overstayers.

Note: Information and commentary on this website should not be considered legal advice. For situation-specific questions that may shed light on your rights and duties, consult a lawyer who’s admitted to the Bar in your state.