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Unlawful Detainer vs. Florida's New Squatter Removal Law — Which One Applies to You?

In 2024, Florida passed a new law (Section 82.036) creating a fast, no-lawsuit process for removing true squatters. But if you're trying to remove a family member, ex-partner, or friend who was once welcome in your home — this new law almost certainly does not apply to you.

Quick answer: If the person was ever invited or given permission to be there — even informally — you need an Unlawful Detainer filing under Chapter 82, not the new squatter removal process.

What the New 2024 Law (Section 82.036) Actually Covers

This faster process, sometimes called the "squatter removal law," lets a property owner ask the Sheriff to remove someone within days, without filing a lawsuit — but only when strict conditions are met:

Why This Doesn't Cover Family Members and Former Guests

The new law is built specifically for true strangers — someone who broke in or entered without ever having permission. If you let your adult child, ex-partner, or a friend stay with you and they simply won't leave, that's a fundamentally different legal situation, because they had your permission at some point. The law treats these as different problems on purpose.

Comparing the Two Paths

SituationCorrect Process
Stranger who broke in, never had permissionSheriff removal (§82.036) — no lawsuit needed
Family member, ex-partner, or friend who was invited but won't leaveUnlawful Detainer (Chapter 82) — county court filing
Tenant with a lease or rent agreementStandard Eviction (Chapter 83)

What This Means for You

If you've seen headlines about Florida's new squatter law and wondered whether it applies to your situation with a family member or former guest — it likely doesn't. Unlawful Detainer remains the correct, and only, legal path for that specific situation.

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Your Solution Partner prepares Unlawful Detainer filings for exactly this situation, starting at $99.

Your Solution Partner is not a law firm and does not provide legal advice or legal representation. We provide document preparation, research, and informational services only, based on Florida court-approved forms and the facts you provide. No attorney-client relationship is formed.