For years, removing unauthorized occupants — sometimes called “squatters” — from Florida properties required property owners to navigate lengthy eviction litigation, even when the occupant had no lawful right to be there. Commercial landlords were often forced into the same procedural funnel as residential landlords, despite vastly different contractual and risk profiles. But in 2025, Florida enacted sweeping reforms, reshaping how both residential and commercial owners can reclaim possession when faced with unauthorized occupants.
Two new legislative developments — CS/HB 213 implementing § 82.037, Florida Statutes, and SB 322, which created a parallel expedited remedy — now allow owners to petition law enforcement directly for removal in certain circumstances. This new “limited alternative remedy” gives property owners an enforcement pathway that bypasses traditional eviction court, dramatically accelerating the process.
As real estate commentator Omar Hussain Miami explains, “Florida’s 2025 reforms signal a decisive shift: property possession disputes caused by unauthorized occupants are no longer treated as slow-moving civil matters. The legislature has effectively recognized these incidents as urgent threats to property rights deserving fast-track remedies.”
The changes are reshaping the risk management strategies of landlords, real-estate investors, property managers, brokers, and commercial operators across the state.
The Legislative Shift: Understanding CS/HB 213 and the New § 82.037, Florida Statutes
CS/HB 213 added § 82.037, F.S., which outlines a new legal tool through which property owners can request sheriff-assisted removal of unauthorized occupants who do not have a lawful tenancy or ownership claim.
Key Components of § 82.037(2), F.S. (“Limited Alternative Remedy”)
To utilize this remedy, a property owner must submit a sworn complaint and evidence stating:
- The occupant is not a current or former tenant.
- The occupant has no ownership interest in the property.
- The owner did not provide consent for the occupant’s entry or remaining on the property.
- The property is not subject to an ongoing lease dispute.
- The owner requests that the sheriff remove the individual without requiring a final eviction judgment.
Once the sheriff verifies documentation and determines that the statutory criteria are met, the sheriff may physically remove the unauthorized occupant — a process far faster than traditional eviction, which often involves weeks of notice periods, pleadings, hearings, and issuance of a writ of possession.
A Faster Path for Commercial Landlords
Importantly, the 2025 reforms apply to both residential and commercial property. This marks a substantial development, as commercial landlords historically had fewer statutory self-help options than residential owners, and eviction court delays often jeopardized warehouse operations, retail leases, and industrial workflows.
As Omar Hussain notes, “Commercial landlords have long been trapped in the same eviction bottleneck as residential owners. The new statute finally acknowledges the economic harm caused by unauthorized use of business property.”
SB 322: Complementing and Strengthening the Fast-Track Process
SB 322 builds on the framework of § 82.037, providing additional procedural clarification and ensuring statewide consistency across sheriff’s offices. The bill:
- Clarifies sheriff obligations once proper documentation is presented
- Standardizes removal procedures
- Defines liability protections for law enforcement
- Ensures a uniform process across Florida’s counties
This legislative pairing signals the state’s intent to deliver a robust — and immediate — enforcement tool for property owners.
Case Study: Commercial Warehouse Removal Under § 82.037(2), F.S.
Although not yet reflected in appellate opinions, early anecdotal accounts provide insight into how the law is already being used.
A Florida commercial-property owner discovered an unauthorized occupant operating informally within a warehouse space. Rather than file a full eviction action, the owner invoked § 82.037(2), F.S., submitting:
- A sworn affidavit establishing ownership
- Documentation showing no lease existed with the occupant
- Evidence that the occupant had been warned to vacate
- A written request for sheriff enforcement
The sheriff reviewed the materials, confirmed that the individual did not have lawful possession rights, and executed a physical removal within days — without the owner filing a standard eviction complaint.
Legal commentary from firms such as RumbergerKirk has highlighted this type of scenario as an early example demonstrating the statute’s speed and utility.
The case underscores the practical reality: Florida property owners now have a genuine alternative to traditional eviction when dealing with squatters and unauthorized users.
Why These Laws Matter for Property Owners
The new fast-track remedies affect nearly every stakeholder in the Florida real estate ecosystem.
- Landlords and Investors Gain Control and Predictability
Long delays in eviction court have historically cost property owners:
- Lost rental income
- Increased risk of property damage
- Insurance complications
- Potential liability for unsafe conditions
The new sheriff-assisted remedy drastically reduces this uncertainty.
- Property Managers Have a Clearer Enforcement Path
Prior to 2025, managers often had no legally safe route to remove unauthorized persons — even when the owner demanded immediate action. Now, property management teams can incorporate § 82.037 procedures into:
- Onboarding workflows
- Crisis protocols
- Tenant-handbook policies
- Agreement templates
- Commercial Owners Benefit Significantly
Unauthorized occupants in commercial spaces can disrupt:
- Supply-chain operations
- Inventory storage
- Logistics and distribution
- Manufacturing schedules
Commercial landlords, perhaps more than any other group, stand to benefit from an expedited reclaiming process.
Procedural Steps to Use the Fast-Track Removal Remedy
While the process is simplified, it is not without formal requirements. Property owners must carefully follow the statutory steps.
Step 1: Submit a Sworn Complaint to Law Enforcement
The complaint must affirm:
- Ownership or lawful control of the property
- Lack of any tenancy or ownership claim by the occupant
- Unauthorized entry and refusal to leave
- A request for sheriff removal
Step 2: Provide Documentary Evidence
This may include:
- Deeds or ownership records
- Lease agreements proving no tenancy exists
- Photographs, emails, or logs documenting unauthorized entry
- Written notices demanding removal
Step 3: Sheriff Review and Verification
The sheriff will review the materials to determine whether the situation meets the statutory requirements. If so, the sheriff may issue a removal order.
Step 4: Execution of Removal
If the occupant refuses to leave voluntarily, the sheriff may physically remove the unauthorized individual. Law enforcement is protected from liability as long as statutory requirements are followed.
Potential Pitfalls and Risks
The new laws offer robust relief, but they must be used with caution.
- Wrongful Removal Exposure
If the property owner:
- misrepresents facts,
- inaccurately claims lack of tenancy, or
- improperly uses the remedy to bypass legitimate eviction,
they may be exposed to:
- civil liability
- damages for wrongful removal
- potential criminal consequences
- attorney fees for the wrongfully removed party
- Situations Where the Remedy Cannot Be Used
Fast-track removal is not available when:
- A tenant has an active lease
- A tenant overstays after a lease termination
- A family-member occupancy dispute exists
- The individual claims ownership rights
- The situation involves a foreclosure or title contest
- Sheriff Discretion and County Interpretation
Although the statute standardizes procedures, sheriffs retain discretion to require additional documentation or deny removal if the situation is ambiguous.
- Lease-Drafting Must Evolve
Commercial and residential leases must be updated to incorporate:
- Clear possession clauses
- Definitions of unauthorized occupancy
- Notice procedures
- Law-enforcement coordination language
Failing to modernize leases creates ambiguity that weakens a landlord’s position.
As Omar Hussain explains, “Fast-track removal only works when ownership and possession rights are unambiguous. The more precise your lease drafting, the stronger your claim when unauthorized users appear.”
Strategic Implications for Real Estate Stakeholders
- Risk Management Frameworks Must Change
Insurance carriers may require landlords to adopt new documentation protocols to minimize wrongful removal claims.
- Faster Resolution Means Better Capital Protection
Investors should view the new statutes as tools for preserving:
- property value
- income streams
- operational continuity
- Property Managers Must Train Staff Immediately
Teams should be trained to:
- Identify unauthorized occupancy early
- Document possession status
- Coordinate with law enforcement properly
- Brokers and Transaction Attorneys Should Advise Clients Proactively
These laws influence:
- Acquisition planning
- Due diligence
- Property inspections
- Closing procedures
Fast-track removal remedies are now part of Florida’s real estate risk environment.
As Omar Hussain Miami puts it, “Every stakeholder — from investors to brokers — must understand these new laws. They are reshaping how possession disputes are handled, and ignoring them is no longer an option.”
Conclusion
Florida’s 2025 reforms — CS/HB 213, § 82.037, and SB 322 — represent a historic modernization of property-possession law. By empowering sheriff-assisted removal of unauthorized occupants, the state has made it dramatically faster and more efficient for property owners to reclaim control without undergoing traditional eviction litigation.
From commercial warehouses to residential homes, the message is clear: Florida now provides a fast, structured, and enforceable path to remove unauthorized occupants.
Used correctly, the law reduces risk, protects ownership rights, and restores control to property owners. Used incorrectly, it exposes landlords to liability — making careful compliance essential.
Originally Posted: https://omarhussainchicago.com/squatter-unauthorized-occupant-laws-for-commercial-residential-property/
0 comments:
Post a Comment