Squatters in a Vacant Miami Listing: What Sellers Can Do
Can a Miami seller remove a squatter from a vacant listing without going to court?
Often, yes. Since July 1, 2024, Florida Statute 82.036 lets an owner or the owner's authorized agent file a verified complaint with the county sheriff, who can serve a notice to vacate and put the owner back in possession. It only works for true strangers: former tenants, family, and anyone in a pending dispute with you still require a court case. The statute sets no deadline, so build the possibility into your listing plan before the house sits empty.
By Lynley Ciorobea | October 13, 2026
Yes, you can get a squatter out of a vacant Miami listing without filing a lawsuit. No, it will not be as fast or as tidy as the headlines make it sound.
Since July 1, 2024, Florida Statute 82.036 lets an owner, or the owner's authorized agent, file a verified complaint with the county sheriff instead of starting an eviction case. The sheriff checks that you are the record owner, serves a notice to vacate (handed to an occupant or posted on the door), and puts you back in possession. Deputies can also make arrests for trespass or outstanding warrants when it is appropriate.
Before that law, owners were stuck. In 2021, Local10 reported on Miami-Dade homeowners who held court-ordered writs of possession and still could not get deputies to act, including one whose vacant house was occupied by people who showed police a lease. The statute exists because of cases like that.
One catch to know up front. The law says the sheriff serves the notice "without delay." That is not a number. If you have a buyer and a closing date, do not promise either of them a timeline.
Where sellers get hurt
The remedy only works on genuine strangers. The statute excludes current or former tenants under any rental agreement you authorized, written or oral, and it excludes immediate family. It also stops if there is pending litigation between you and the occupant. A tenant who stayed past a lease, a cousin's friend who "had permission," a house sitter you let in once: all of those are a court eviction, not a sheriff's notice. A sheriff does not decide who is telling the truth. A judge does.
Then there is the paper. The complaint is signed under penalty of perjury, with your initials next to 13 separate statements, and it needs a copy of your government ID. If an agent files for you, the agent needs documents proving authority. My listing agreement lets me market your house. It does not automatically let me swear out a sheriff's complaint on your behalf. If you are out of state or out of the country while the house sits empty, sign a written authorization before the sign goes up, not from a hotel room at midnight.
Get it wrong and it gets expensive. Someone removed wrongly can sue for possession, their actual damages, attorney fees, and statutory damages equal to three times the home's fair market rent. On a Pinecrest or Coral Gables house, that is a large number to triple. Talk to a Florida real estate attorney before you file. I am not one.
There is a second version of this problem that has nothing to do with anyone moving in. A vacant, absentee-owned house is also the favorite target for someone who lists it, rents it, or records a fake deed without you knowing. I covered that in deed fraud and title theft. Sign up for the free property fraud alert through the Miami-Dade Clerk before you move out, so a changed deed reaches your inbox instead of a surprise on closing day.
Time matters here more than people expect. Across my Pinecrest listings, the median was 50 days to contract. That is my record, not a forecast for your street, but it shows how long a house can sit empty before a buyer even signs, and then the closing runs weeks beyond that. The same stretch is when your insurer starts counting vacancy days (more in the 60-day vacant home trap). If you are listing in Pinecrest or Coral Gables and moving out first, plan for the empty months, not the optimistic ones.
A squatter found at the end of the process is also a closing problem, not only a police problem. Buyers look for exactly this at the final walk-through, and what you owe them there is in the walk-through post.
What I tell sellers who are moving out before the sale:
Keep power and water on in your name, and photograph every room with a date stamp the day you leave.
Use appointment-only showings and change the lockbox code after any access you cannot account for.
Walk the property weekly, including the garage, side gate, and dock or boathouse, and keep a written log.
Give one neighbor your number and give them mine.
Sign the agent authorization letter and set the Clerk's fraud alert.
Keep a folder ready with your deed, ID, listing agreement, and move-out photos, so a complaint takes an hour, not a week.
If someone is already inside, do not change the locks or carry out their belongings yourself. Changing locks on a person who claims a lease is how owners end up on the wrong side of the statute above. Call the police non-emergency line, call your attorney, then call me.
If your house is going to be empty while it is listed, send me your move-out date. I will build the vacancy plan before the sign goes up.
Frequently Asked Questions
Can a Florida seller remove a squatter without going to court?
Often, yes. Under Fla. Stat. 82.036 (effective July 1, 2024), an owner or authorized agent can file a verified complaint with the county sheriff, who can serve a notice to vacate and restore possession. It applies only to people who entered without authorization and are not current or former tenants or immediate family.
How long does the sheriff take to remove a squatter in Miami-Dade?
The statute requires service "without delay" but sets no deadline. Sources describe the process as days rather than months, but you should not promise a buyer a specific date until the occupant is actually out.
What if the squatter shows a lease?
If you never signed or authorized any rental, the complaint has you swear that any lease the occupant produces is fraudulent. If you did authorize a rental at any point, the occupant counts as a tenant and you will need a court eviction instead.
Can a squatter hurt my contract with a buyer?
It can. Buyers walk through the property before closing, and an occupied or damaged house is a problem you will have to resolve or negotiate. Ask your real estate attorney how your specific contract treats possession and condition at closing.
About Lynley Ciorobea
Lynley Ciorobea is a Miami-born real estate professional known for helping homeowners successfully prepare, position, and sell their homes across Coral Gables, South Miami, Pinecrest, Palmetto Bay, and the surrounding southern Miami neighborhoods. Since 2007, she has built her business around thoughtful strategy, strong negotiation, and a marketing-first approach designed to help listings stand out in an ever-evolving market. A true local, Lynley grew up in Pinecrest and graduated from Palmer Trinity School before attending Duke University, where she earned a BA in Psychology. As the founder of the Lynley Residential Group, Lynley remains personally involved in every listing she represents. With more than $250 million in career transactions and more than 70 5-star Google reviews, she brings a local perspective that goes far beyond surface-level market knowledge.
If you are thinking through a pre-sale exterior plan for your own house, I am happy to walk you through the order of operations. Reach out anytime at lynleyresidential.com.