Law Combating Squatting on Commercial Property Now in Effect

Commercial property owners need to be vigilant in order to protect their investment. Florida presents several different challenges, including a volatile real estate market, high insurance costs and the threat of storm damage. Increasingly, owners and operators of hotels and some other types of commercial properties throughout the state have also faced a threat from squatters. In some instances, unauthorized temporary residents can cause thousands of dollars in damage to a site. Other squatters are engaged in even more serious misconduct, such as human trafficking. 

Problems caused by squatters precipitated the passage of SB322, a law specifically designed to streamline the process of removing unauthorized occupants from commercial properties. While certain protections exist for residential tenants when landlords seek to evict them, owners of commercial properties do not have to observe these rules when removing squatters from their premises. 

The new law provides a streamlined legal framework for the removal of unauthorized occupants. Lawful property owners must have the necessary documentation executed and signed, which they then present to law enforcement. Officers are authorized to accompany property owners to the property in question and facilitate the eviction of squatters. This direct involvement of law enforcement is a critical component of the law, minimizing the potential of a dangerous encounter. 

Beyond its practical implications, SB322 serves as a deterrent, signaling to would-be squatters that Florida takes unauthorized occupation seriously and is equipped to act decisively against it. Along with the expedited removal process, the new law distinguishes between true long-term rentals and transient dwellings. Someone who has resided in a particular location for fewer than 30 days will not have the same rights as tenants who have been there longer. 

Florida's SB322 provides property owners and law enforcement with the tools necessary for swift action when squatters occupy hotels, motels and other properties. If someone is living on your premises illegally, an experienced Florida commercial real estate litigation attorney can help you leverage the new provision to address this potentially dangerous situation. 

H. Clay Parker, Esq. The Florida Lawyer in Orlando represents businesses in a full range of real estate disputes. To discuss your legal options, please call our firm at [ln::phone] or contact us online to schedule an appointment.