Florida’s new law, Section 82.036, has brought a significant shift in how property owners can handle unlawful detainer situations. Remember unlawful detainer is the remedy for when someone has no legal right to reside in your premises. If there is a claim by the occupant of ownership the appropriate remedy is an ejectment. Finally if there was a landlord tenant relations (ie rent was received) then consider bring an eviction.
For owners struggling to reclaim residential property from unauthorized occupants, a new law introduces a more streamlined, sheriff-assisted process that aims to restore property rights quickly and effectively. Here’s what property owners and their agents need to know about this new remedy and how it can help them regain possession of their property faster than traditional court procedures.
The Need for a Faster Solution
The Florida Legislature enacted this law to address the rights of property owners and the ongoing issue of unauthorized individuals unlawfully occupying residential property. Lawmakers recognized that existing procedures were often too slow and ineffective, exposing property owners to additional risks of theft, vandalism, and legal complications. The new law aims to preserve the owners’ rights and deter criminal activities by enabling quick repossession of unlawfully occupied properties.
When This Law Applies
The law allows property owners, or their authorized agents, to work directly with the sheriff in their county to remove unauthorized occupants from residential property, provided certain conditions are met. The statute is specific about eligibility to ensure that this remedy applies only in cases where occupants are genuinely unauthorized. For instance, the law excludes situations where the occupants are tenants with valid rental agreements or family members of the property owner. It’s also essential that no litigation is pending regarding the property, which would require traditional court procedures.
The property must have been closed to the public when the unlawful occupants entered, and owners must have already asked them to leave. In short, this law targets true unlawful detainer cases, where unauthorized persons have taken possession without any legitimate right or permission.
The full requirements are in Fla. Stat. 82.036(2) which provides:
(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met:
(a) The requesting person is the property owner or authorized agent of the property owner.
(b) The real property that is being occupied includes a residential dwelling.
(c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner’s property.
(d) The real property was not open to members of the public at the time the unauthorized person or persons entered.
(e) The property owner has directed the unauthorized person to leave the property.
(f) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner.
(g) The unauthorized person or persons are not immediate family members of the property owner.
(h) There is no pending litigation related to the real property between the property owner and any known unauthorized person.
Filing a Complaint with the Sheriff
For property owners or their agents to initiate this process, they must submit a formal complaint, known as the “Complaint to Remove Persons Unlawfully Occupying Residential Real Property,” to the sheriff. This complaint must include a verified statement from the property owner or authorized agent, declaring under penalty of perjury that they are the rightful owner and that each condition in the law has been met.
The complaint must outline details such as the date the owner purchased the property, the lack of any valid lease with the occupants, and the fact that the property is residential. The owner or agent must provide identification, and, if represented by an agent, documents confirming the agent’s authority to act on behalf of the owner. The complaint is a formal statement with serious legal implications, as false statements can lead to legal consequences for the owner.
Sheriff’s Actions and Fees
Once the sheriff verifies the complaint and confirms that it meets the legal requirements, they are authorized to serve a notice to the occupants, demanding they vacate the property immediately. This notice can be hand-delivered to an occupant or posted prominently on the property. The sheriff also has the authority to document the identities of all occupants, which may include making arrests if any occupants have outstanding warrants or are engaging in illegal activities like trespassing.
If needed, the sheriff can provide additional support by standing by while the owner or agent changes locks and removes the occupants’ belongings. Property owners should be aware that the sheriff’s office charges a service fee for the notice and may charge an hourly rate for any peacekeeping services requested during the lock change and property clearance. Importantly, neither the sheriff nor the property owner is liable for any loss, damage, or destruction of property removed during this process, provided the removal is conducted lawfully.
Protection for Occupants Against Wrongful Removal
While this new process significantly aids property owners, it also includes protections to prevent wrongful removals. Occupants who believe they were removed unlawfully or in violation of this statute can file a civil suit against the property owner. If successful, they may be entitled to recover their actual costs and damages, as well as statutory damages equivalent to three times the property’s fair market rent, in addition to court costs and attorney fees. This ensures that the law is not misused and that only those with clear ownership rights can use this expedited removal process.
Need Help? Give us a Call
For property owners in Florida facing the frustrations of unauthorized occupants, Section 82.036 represents a valuable new tool. By working with the sheriff’s office under this statute, owners can regain control of their property more swiftly, deterring unauthorized occupations and protecting their real estate investment from damage and misuse.
Our office handles possession actions throughout the State of Florida. If you need assistance with the removal persons from your Property just give us a call for a free, no obligation consultation.
-Brice Zoecklein, Esq.
813-501-5071
