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Miami · Squatter removal

How to remove a squatter in Miami: the new Florida law and when you still need court.

Florida passed HB 621 in 2023 — a law that allows property owners to request Sheriff removal of squatters without a court order in specific situations. It is faster than court but has strict eligibility requirements. When those requirements are not met — or when the occupant claims a tenancy relationship — the landlord still needs to file an unlawful detainer proceeding in county court. Here is how both paths work in Miami-Dade County.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

Detailed information about squatter removal in Miami is being added. Check back soon, or get a free assessment now.

Frequently Asked Questions

Does Florida's new squatter law (HB 621) apply in Miami-Dade?
Yes. HB 621 (Fla. Stat. § 82.036), effective July 1, 2023, applies statewide including Miami-Dade County. The Miami-Dade Sheriff's Office Civil Process Division handles HB 621 removal requests. The law allows the Sheriff to remove an unlawful occupant without a court order within approximately 48–72 hours — but only if the occupant has no lease, was never given permission, and has no colorable claim to tenancy.
What is the difference between a squatter and a trespasser in Florida?
A trespasser entered without permission and MDPD can remove them as a criminal matter. A squatter, in Florida legal terms, is an unlawful occupant who has been present long enough that they may claim some right to remain — even without a lease. HB 621 targets squatters who have no tenancy claim. If the occupant entered with permission (as a guest or roommate) or has been paying rent, they are not a squatter under HB 621 and must be removed through court.
How long does squatter removal take in Miami without HB 621?
If the occupant has any claim to a tenancy relationship, you must file an unlawful detainer proceeding (Chapter 82) or standard eviction (Chapter 83). An uncontested unlawful detainer in Miami-Dade typically takes 3–5 weeks: $185 filing fee, Sheriff service (3–7 days), 5-business-day response window, default judgment (3–5 days), and Sheriff writ execution. If the occupant contests, add 3–6 weeks for a hearing.
Can a Florida landlord change the locks on a squatter?
Not without a court order or the HB 621 Sheriff process. Florida Statute § 83.67 prohibits self-help eviction methods including changing locks, removing belongings, or shutting off utilities. Even against an occupant with no lease, if they have been present for any significant period, self-help removal exposes the landlord to liability. Use the HB 621 process (if it applies) or file in county court.

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