Sell a House With Squatters or Holdover Tenants in Florida — Occupied, As-Is, for Cash

Home › Seller Situations › Squatters & Holdover Tenants · Updated October 25, 2026

Few things feel more helpless than owning a house you cannot get into. Maybe you inherited a home in Lehigh Acres and found someone living there when you finally drove down. Maybe a tenant’s lease ended three months ago and the rent stopped with it. Maybe you let a cousin stay “for a few weeks” a year ago. In every one of these cases, the property is yours on paper, but you cannot show it, inspect it, insure it properly or hand a buyer the keys.

Florida law treats these situations very differently depending on who the occupant is and how they got there. A true squatter who broke into a vacant house is handled one way. A tenant who stayed after the lease ended is handled another. A former partner, relative or caretaker may fall into a third category. Using the wrong process can cost you weeks — or expose you to liability. Knowing the difference also tells you whether to remove the occupant before you sell or to sell the property with the problem still inside.

This page explains the main categories, Florida’s 2024 law that lets owners ask the sheriff to remove certain unauthorized occupants, the 2025 extension to commercial property, what adverse possession really requires, how holdover tenancies work, and how selling to a cash buyer while the property is occupied compares with the alternatives. It is general information, not legal advice. A Florida real estate or landlord-tenant attorney should guide any removal, and if you ever feel unsafe, call law enforcement rather than confronting anyone yourself.

Why Owners With Unwanted Occupants Sell to Libera Capital Group

Squatter, Holdover Tenant or Unwanted Guest? Why the Label Decides the Remedy

Before you call anyone, figure out which category the occupant falls into. The answer usually decides which court, which notice and which timeline applies. The table below is a simplified overview; an attorney should confirm which remedy fits your facts.

The categories matter because the fast sheriff process is not available for current or former tenants or for immediate family members, and because evicting a real tenant requires notices and a court case. Treating a tenant like a squatter — changing locks, cutting utilities or removing belongings without a court order — can expose an owner to damages. Our problem tenants page covers notices, access and self-help rules for landlords in more detail.

Florida’s 2024 Squatter Law: Sheriff Removal With a Verified Complaint

In 2024 the Legislature passed House Bill 621, which became Chapter 2024-44, Laws of Florida, and took effect July 1, 2024. It created section 82.036, Florida Statutes, a limited alternative to going to court when people unlawfully occupy a residential dwelling. For owners who find strangers living in a vacant house, it can be much faster than a lawsuit — but only if every condition fits.

The conditions an owner must meet

The owner, or an authorized agent, may ask the sheriff of the county where the property is located to remove the occupants immediately if all of the following are true:

• The requester is the owner or the owner’s authorized agent.
• The property includes a residential dwelling.
• The occupants entered unlawfully and are remaining or residing there.
• The property was not open to members of the public when they entered.
• The owner has directed the occupants to leave.
• The occupants are not current or former tenants under a rental agreement authorized by the owner.
• The occupants are not immediate family members of the owner.
• There is no pending litigation between the owner and the occupants related to the property.

The verified complaint

The owner submits a complaint on the form set out in the statute, signed under penalty of perjury, and attaches documents supporting ownership. Many sheriff’s offices in Southwest Florida post the form and instructions online. Because the form is sworn, make sure every statement is accurate; if the occupant has a colorable claim to be a tenant, the sheriff process is generally not the right tool.

What the sheriff does

After verifying that the requester is the owner or authorized agent, the sheriff serves a notice to immediately vacate on the occupants, by hand delivery or by posting at the entrance, and puts the owner in possession. The sheriff attempts to identify the people inside and may arrest anyone for trespass, outstanding warrants or other legal cause. At the owner’s request, the sheriff may stand by while the owner changes the locks and removes the occupants’ belongings to or near the property line, and may charge a reasonable hourly rate for that time. The sheriff is entitled to the same fee charged for serving a writ of possession.

Liability on both sides

The law limits the sheriff’s and the owner’s liability for loss of the occupants’ personal property, except in the case of a wrongful removal. A person wrongfully removed under the section can sue for restoration of possession, damages, statutory damages equal to three times the fair market rent of the dwelling, court costs and attorney fees. That is why the sworn complaint must be truthful and why an attorney’s quick review is worthwhile.

New criminal penalties

The same law strengthened criminal penalties. Unlawfully occupying or trespassing in a residential dwelling while intentionally causing $1,000 or more in damage became a second-degree felony. Knowingly giving someone a false lease, deed or similar document with intent to detain or remain on real property became a first-degree misdemeanor. And listing, advertising, renting or leasing residential property while knowing you have no legal title or authority — the fake-landlord scam — became a first-degree felony under section 817.0311. You can read the enacted text at laws.flrules.org.

The 2025 Extension to Commercial Property

In 2025 the Legislature extended a similar process to commercial property. Chapter 2025-112, effective July 1, 2025, created section 82.037, which lets the owner of commercial property, or an authorized agent, submit a verified complaint to the sheriff asking for removal of unauthorized persons when parallel conditions are met: they entered unlawfully, the property was not open to the public at the time, the owner directed them to leave, they are not current or former tenants under a written or oral rental agreement authorized by the owner, and no related litigation is pending. The law also extended the second-degree felony for causing $1,000 or more in damage while unlawfully occupying property to commercial property. Owners of vacant storefronts, offices and warehouses now have a faster option than they did before. Our vacant commercial building page covers selling those properties.

Can a Squatter Take Your Florida House Through Adverse Possession?

This is the fear behind many calls, and the short answer is that it is difficult. Florida’s adverse possession statutes require a long period of continuous, open possession — seven years — plus strict additional steps. Under section 95.18, a person claiming without color of title must, among other requirements, file a return with the county property appraiser within one year after entering possession and pay the property taxes and certain liens. Claims based on color of title under section 95.16 involve a defective deed or court judgment and have their own requirements.

In practice, a squatter who broke into a vacant home months ago is nowhere near meeting those requirements. Still, if you are an absentee owner, it is worth checking the property appraiser’s records periodically, keeping your property taxes current, and acting promptly when you learn someone is inside. If someone has filed an adverse possession return on your property, talk to an attorney right away. Title companies will also want any such filing resolved before a sale closes, which our back taxes and liens page touches on from the tax side.

Holdover Tenants: When the Lease Ends but the Tenant Stays

A holdover tenant is someone who had a lawful right to be there and stayed after that right ended. Because they were a tenant, the sheriff process under section 82.036 does not apply, and the Florida Residential Landlord and Tenant Act in Chapter 83 governs. A few holdover-specific points are worth knowing:

Accepting rent can change the arrangement

If a fixed-term lease expires and you keep accepting monthly rent without a new written lease, the tenancy may become month-to-month, depending on the lease terms. Ending a month-to-month residential tenancy now requires written notice at least 30 days before the end of a monthly period, after a 2023 change to section 83.57 increased it from 15 days. Read your lease before you accept another payment, and ask an attorney how to document it.

Double rent for holding over

Section 83.58 provides that a tenant who holds over without the landlord’s consent after the lease ends can be liable for double the monthly rent for the holdover period. Whether pursuing that makes sense depends on whether the tenant can pay, but it can matter when negotiating a move-out.

The eviction path

If the tenant will not leave after the proper notice, the landlord files an eviction in county court. Tenants are given a short period to respond and, in nonpayment cases, are generally required to deposit the rent claimed into the court registry to contest it. If the landlord wins, the clerk issues a writ of possession and the sheriff posts it, generally giving the occupant 24 hours before the landlord can be put in possession. Timelines vary with the court’s docket and whether the tenant contests the case. Our problem tenants page walks through notices and access rules.

Cash for keys

Many landlords negotiate a written move-out agreement: the tenant leaves by a set date, in broom-clean condition, and receives a payment or a waiver of unpaid rent in return. It is voluntary, it avoids court, and it can be faster than eviction. Have an attorney draft or review the agreement so it is enforceable and so any security deposit is handled correctly.

Relatives, Ex-Partners, Caretakers and Former Owners Who Won’t Leave

Some of the hardest occupancy problems involve people you know. They are not strangers who broke in, and they may never have signed a lease. Florida’s sheriff-removal process expressly excludes immediate family members and current or former tenants, so these situations usually need a court process.

Guests and relatives with no rental agreement

A person who was invited in and never paid rent is often not a tenant in the legal sense. Owners in that situation commonly use an unlawful detainer action under Chapter 82, which is a summary county-court proceeding, or in some cases ejectment. If the person did pay something toward rent or utilities, they may argue they were a tenant, which would point toward an eviction under Chapter 83 instead. An attorney can sort out which applies before anything is filed.

Ex-spouses and ex-partners

If the occupant is on the deed, they are a co-owner, not a squatter, and the issue becomes a partition or divorce matter. If they are not on the deed, the analysis looks more like the guest situation above, but family-court orders can change who has the right to occupy the home during a divorce. Our divorce page covers selling a jointly owned house.

Caretakers and live-in helpers

When an elderly owner passes away or moves to assisted living, a caretaker who lived in the home sometimes stays. Whether that person is a tenant, an employee whose right to occupy ended with the job, or a guest depends on the arrangement. Personal representatives of an estate should get guidance from the estate’s probate attorney before acting; our inherited and probate page explains how estate sales usually work.

Former owners after a sale or foreclosure

After a foreclosure sale, the new owner usually seeks a writ of possession in the foreclosure case. After a voluntary sale, a seller who agreed to stay a few days past closing under a post-closing occupancy agreement and then refuses to leave is governed by that agreement and by Florida law on possession. If you are buying back control from a former owner, keep the paperwork tight. Our foreclosure page covers the owner’s side of that process.

Why Vacant Southwest Florida Homes Attract Squatters

Squatting is mostly a problem of empty houses, and Southwest Florida has more of them at certain times than most regions. Seasonal residents leave for months at a time. Storms push owners out of damaged homes for long repairs — after Hurricane Ian in 2022 and Hurricanes Helene and Milton in 2024, many Lee, Charlotte and Sarasota County homes sat empty while owners waited on claims, contractors and permits. Estates take months to probate. Investors hold houses between tenants. Each of those empty periods is a window.

Rental scams make it worse

A common pattern is a fake listing: someone copies photos from an old listing, advertises the house for rent at a bargain price, collects a deposit from a family that needs housing and hands them a forged lease. The family moves in believing they are tenants. Florida’s 2024 law made that kind of scheme a first-degree felony, but the family inside may still be confused and frightened. These cases usually need law enforcement and an attorney, and patience.

Practical steps if your property is empty

• Have someone check the property regularly and keep a record of each visit with dated photos.
• Keep the lawn maintained and mail collected so the house does not look abandoned.
• Use timers, cameras and secure locks on sliders and garage doors.
• Post “No Trespassing” signs and, where your sheriff’s office offers one, consider a trespass authorization or vacant-home check program.
• Search your address on rental sites occasionally to catch fake listings early.
• Talk to your insurance agent about vacancy; many policies limit coverage after a home is unoccupied for a period.

Our vacant property page covers insurance, code enforcement and other risks of an empty home.

Can You Sell a House With Squatters or Holdover Tenants Inside?

Yes. In Florida you can generally sell real property that someone else is occupying — the occupant does not have to consent to the sale. What changes is who will buy it and on what terms.

Why most retail sales stall

A buyer using a mortgage typically needs an appraisal and inspection with interior access, homeowners insurance, and delivery of the property vacant at closing. An occupant who will not let anyone in or will not leave can block all three. Standard Florida purchase contracts generally expect vacant possession unless the parties agree otherwise in writing.

How an occupied sale to a cash buyer works

A cash buyer can agree in the contract to accept the property subject to the occupancy. The buyer then becomes the owner with the right to pursue removal through the proper process after closing. The price reflects the time, legal cost, possible damage and uncertainty of that process. Alternatively, a seller who has a removal underway can agree on a closing date tied to its outcome, or close first and assign certain rights, as the attorneys advise.

Disclosure still applies

Tell the buyer everything you know: who is inside, how long they have been there, any lease or payments, any notices served, any sheriff complaint or court case and its number, any damage you have seen, and any communications. Hidden facts about occupancy are exactly the kind of problem that derails a closing or leads to a dispute afterward.

Title and insurance

Title companies will ask about anyone in possession because occupants can have rights a title search does not show. Insurance on an occupied property you cannot access can be difficult; a cash buyer typically handles its own coverage after closing.

Occupied Property: Your Options Compared

These are typical patterns, not promises. If a removal is nearly complete and the house is in good condition, you may net more by finishing it and listing, and we will tell you so. See cash offer vs. listing for how to compare.

How to Sell an Occupied Property to Us

1. Tell us who is inside. Call (239) 686-0823 or use the form. Share what you know about the occupants, any lease, notices, sheriff complaints or court cases.
2. We evaluate without a confrontation. We review public records, exterior condition and any photos you have. We only go inside when it can be done lawfully and safely.
3. Written cash offer. Usually within 24–48 hours of having the information we need, stating clearly that we accept the property with its current occupancy if that is the plan.
4. Close with a Florida title company. On your timeline, with no commissions, and we cover normal closing costs. After closing, removal is our responsibility, handled through the proper legal process.

Related Situations, Property Types and Areas

• Tired landlord
• Hoarder houses and heavy cleanouts
• Houses that need major repairs
• Single-family homes
• Multifamily and apartments
• We buy commercial property
• Sell my house fast in Florida
• Southwest Florida
• Lehigh Acres
• Cape Coral
• North Port

Who Buys Houses With Squatters or Holdover Tenants in Florida?

Libera Capital Group buys houses and commercial property with squatters, holdover tenants and other unwanted occupants anywhere in Florida, for cash and with the occupants still inside if necessary. Owners in this spot usually compare local cash buyers like us, national “we buy houses” franchises and iBuyers — many of which require vacant possession — small investors who specialize in occupied rentals, and retail buyers through an agent, who almost always need the property empty, inspected and insurable before closing.

A local buyer with a Fort Myers office can be a good fit for Southwest Florida occupancy problems because the usual causes here — seasonal homes left empty, storm-damaged houses awaiting repairs, inherited homes in probate and fake rental listings — are situations we see and price regularly. Compare offers if you like; ours comes in writing.

Frequently Asked Questions About Selling With Squatters or Holdover Tenants

More resources: how it works · probate attorneys · general FAQ