Real estate attorney says most common type of eviction cases in Florida don’t fall under ‘true squatting’

Allowing a boyfriend, girlfriend or family member to live on your property without their name on the lease or deed can seem harmless at first, but if things go awry, it may be more difficult to get the individual removed than you'd think. 

Squatter stories have popped up around the United States, including in the state of Florida, although a law has been passed by Gov. Ron DeSantis making it easier for law enforcement to remove squatters from properties without homeowners having to go through long and expensive legal processes.

When it comes to eviction in general, there are many small details that can make a big difference in how each case is handled. 

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Jerron Kelley, partner at Kelley & Grant P.A. in Boca Raton, Florida, previously spoke with Fox News Digital in a phone interview about the most common eviction cases he sees in Florida. 

"Often, the most common are those that may not squarely fit under the term true squatting as people think it," Kelly told Fox News Digital, highlighting that situations dealing with intra-family disputes and unmarried relationships are the most common in the state. 

"Keep in mind that the person who's being evicted, removed, whatever it is, cannot have any type of ownership interest or be bringing forth a legal dispute as to that ownership interest in the property," Kelly noted. 

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A family dispute could emerge between an adult who is still living in their parents' house, with no ownership of it, and not adhering to the guidelines set by their parents who own the house. 

A theoretical example of a common eviction situation between an unmarried couple could be if a woman bought a property, and is the only person on the deed, but invites her boyfriend to come live with her. If the couple has disputes that lead the owner to want her live-in boyfriend to leave, the police will probably not remove the boyfriend right away. Rather, an unlawful detainer lawsuit would be needed for his removal in Florida. 

"He entered the property peacefully, and with her permission, so he is not a squatter," Kelly said. "However, he can be removed for that unlawful detainer lawsuit because he has no ownership interest in that property."

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There are plenty of other factors that play into situations such as this, like if the individual has a lease drawn up with the owner, and was paying some form of rent. 

Before the passage of the new bill in Florida, situations of true squatters, someone who got into a property without it being open to the public, with no invitation from the owner to be let in and not paying rent, would fall under an unlawful detainer lawsuit in many cases. 

"[The Florida statute] now makes it easier for landlords to call the police in those specific situations where the property wasn't open to the public, and person is not a tenant. They can, in many situations, be removed by the police without the need for filing an unlawful detainer lawsuit," Kelly explained.

When dealing with eviction-related situations, whether it be with an unknown squatter or a person in your life you know well, laws can vary from state-to-state. A real estate attorney can provide you with information about steps to take in your specific situation.