How to Remove Squatters in Florida: The New HB 621 Summary

Updated in: 2026

Protecting a vacant or inherited property in South Florida has never been more challenging—or more critical. In 2026, homeowners in Miami-Dade and Broward are facing a new reality where unauthorized occupants can quickly turn a family asset into a legal nightmare.

At Property Nation, we serve as local South Florida experts with years of experience on the ground, helping families navigate the most complex property disputes. We understand that the traditional civil eviction process is often too slow and expensive for homeowners who need to sell now.

This guide is designed to provide you with technical clarity on Florida’s groundbreaking 2026 squatter laws (codified as Florida Statute § 82.036) and show you how to regain control of your property without the 6-month courtroom battle.

1. House Bill 621: The 2026 “Fast-Track” Removal Process

For decades, Florida property owners were forced to treat squatters as “tenants,” even if they broke into the home. This meant filing a civil lawsuit (Unlawful Detainer) that could take months. As of 2026, Florida Statute § 82.036—the result of the landmark House Bill 621—provides a “Limited Alternative Remedy.”

The intent of this law is to quickly restore possession to the lawful owner by allowing the Sheriff to remove unauthorized persons immediately, bypassing the traditional court docket. In South Florida’s high-density areas like Miami Gardens, Davie, or Fort Lauderdale, this has become the primary tool for protecting property rights. This law was a direct response to the “professional squatter” surge seen in 2024 and 2025, where individuals would produce fraudulent leases to stall the legal system.

2. The Technical Shift: Forcible Entry vs. Unlawful Detainer

In 2026, understanding the technical difference between these two legal actions is the difference between regaining your home in 48 hours or 6 months.

Unlawful Detainer (The Old Way)

Traditionally, if someone was in your house without a lease, you filed an Unlawful Detainer under Chapter 82. This was a civil action that required serving a summons, waiting for a 5-day response period, and eventually attending a hearing before a county judge. In a post-2024 world, the Broward and Miami-Dade dockets are so backed up that a simple detainer can take 12 to 20 weeks to resolve. Information on these traditional timelines can be found at the Miami-Dade County Clerk of Courts.

Forcible Entry (The HB 621 Way)

The new 2026 law treats unauthorized occupation as a matter of immediate possession rather than a prolonged civil dispute over “rights.” It empowers the Sheriff to act as the primary adjudicator of whether someone has a right to be there based on a set of objective criteria. If they cannot produce a valid, verifiable lease that appears in the public record or is otherwise authenticated, they are removed.

3. Eligibility: Can You Use the New Law?

The 2026 law is powerful, but it is not universal. To use the “Sheriff Removal” method instead of a civil lawsuit, your situation must meet these specific criteria:

• Residential Only: The property must be a residential dwelling.
• Unlawful Entry: The person must have entered the property unlawfully (e.g., they broke in or entered a vacant home without a lease).
• Directed to Leave: You must have already told the person to leave, and they refused.
• NOT a Tenant: The person cannot be a current or former tenant. If they ever had a valid lease, you must still use the standard Miami eviction process.
• NOT Family: The unauthorized person cannot be an immediate family member.
• No Litigation: There must be no pending lawsuits between you and the occupant.

4. Step-by-Step: How to Request Sheriff Removal

If your situation meets the criteria, you can follow this 2026 “Summary Procedure” to regain possession of your home:

The Verified Complaint

You or your authorized agent must submit a “Complaint to Remove Persons Unlawfully Occupying Residential Real Property” to the Sheriff in the county where the property is located (Miami-Dade, Broward, or Palm Beach). This must be signed under penalty of perjury.

Ownership Verification

The Sheriff will verify that you are the record owner. In 2026, Sheriffs are strictly checking property appraiser records and recorded deeds. If you have recently inherited a house in probate, ensure your paperwork is recorded before attempting this process.

Immediate Notice

Once verified, the Sheriff will serve a notice to vacate immediately. They can hand-deliver it or post it on the front door. Unlike a 5-day eviction notice, this requires instant departure.

The Handover

The Sheriff will put you back in possession of the property. You may request the Sheriff “stand by” while you change the locks and remove personal property. Warning: In 2026, if you wrongfully remove someone who actually had a right to be there, you could be liable for triple the fair market rent plus attorney fees.

5. The 2026 Property Protection Checklist

Prevention is the only 100% effective way to stop a squatter. If you own a vacant home in Davie or any South Florida city, use this checklist to make your property an “unattractive target.”

• Smart Monitoring: Install a cellular-based security camera system (like Ring or SimpliSafe) that doesn’t require active Wi-Fi.
• Lighting: Use smart bulbs on timers to simulate occupancy.
• Neighbors: Inform at least two neighbors that the house should be empty and provide them with your contact info.
• Mail Management: Stop all mail and flyering. A pile of “junk mail” is the #1 signal to a professional squatter that no one is watching.
• Physical Barriers: Ensure all ground-floor windows are locked with secondary security bars.

6. New 2026 Criminal Penalties for Squatters

Beyond removal, the 2026 law adds significant criminal weight to deter “professional squatters.” In 2026, the Florida Department of Law Enforcement (FDLE) has prioritized these cases:

• Falsifying a Lease: Presenting a fake lease to law enforcement is now a first-degree misdemeanor.
• Property Damage: If a squatter causes $1,000 or more in damage while unlawfully occupying a home, it is now a second-degree felony punishable by up to 15 years in prison.
• Fraudulent Advertising: Listing a property for rent or sale that you do not own is now a first-degree felony.
• Illegal Utility Hookups: In 2026, utility companies like FPL are working with Sheriffs to identify illegal taps, which can result in additional grand theft charges.

7. Closing Math: The Cost of Eviction vs. Fast Cash Sale

Many homeowners ask: “Should I fight the squatter or just sell the house?” To answer that, you must look at the 2026 “Cost of War.”

The 2026 Reality: Between the legal fees and the inevitable damage squatters do to the plumbing and drywall, most homeowners lose 10% to 15% of their equity just trying to get the squatter out. By selling to a cash buyer like Property Nation, you bypass the loss entirely.

8. The Property Nation Solution: Selling with Squatters

Even with the new 2026 laws, removing a squatter is an intimidating, potentially dangerous, and physically draining process. Many homeowners simply don’t want to deal with the risk or the repair costs that squatters inevitably leave behind.

At Property Nation, we buy houses in any condition—including those currently occupied by unauthorized persons. We understand the 2026 legal framework and have the resources to handle the removal process after we purchase the home.

This allows you to walk away with a fair cash offer today, rather than spending your time and money at the Sheriff’s office or in a courtroom. Don’t let an unlawful occupant steal your equity. Get your guaranteed cash offer today and let us handle the heavy lifting.