2026 landlord’s guide
How to Legally Remove a Squatter Without Guessing Wrong
A run of 2024 state laws lets owners get the sheriff to remove a squatter in days, no eviction suit. The catch almost nobody reads: those laws don’t touch a holdover ex-tenant, a friend you let stay, or someone you rented to on a handshake.
Last fact-checked: July 23, 2026
| Your situation | Fast-track removal (sheriff / police)? | What you actually use |
|---|---|---|
| A stranger broke in, no lease, never had your permission | Yes. This is exactly what the new laws target. | Sheriff complaint in Florida; criminal-trespass path in Georgia and West Virginia |
| An ex-tenant whose lease ended and won’t leave | No. A holdover tenant is carved out by name. | Formal eviction (holdover) |
| A friend or relative you let stay, now won’t go | No. You gave permission, so they aren’t a squatter. | Formal eviction or ejectment |
| Someone you rented to with no written lease | No. An oral rental agreement still makes them a tenant. | Formal eviction |
| Your own immediate family member | No. Florida excludes immediate family outright. | Formal eviction or civil ejectment |
The one line that decides your whole case
Every one of these new laws draws the same border, and it is the only thing worth settling before you call anyone: did this person ever have your permission to be there? A squatter, in the sense these statutes use, is someone who entered and stayed with no lease, no permission, and no ownership claim. The moment you gave permission, accepted rent, or signed anything, the person is arguably a tenant, and tenants get the full eviction process no matter how badly they have behaved.
The honest read is that “how do I remove a squatter” often isn’t a squatter problem at all. It is a guest who overstayed, an ex who won’t leave, or a handshake renter who stopped paying. Calling that person a squatter feels right and gets you nowhere, because the sheriff will look at the same facts and see a tenant. Sorting which one you have is the whole job of this page.
Florida: a sheriff complaint, not a lawsuit
Florida moved first and furthest. As of July 1, 2024, Florida Statutes § 82.036 lets a residential property owner or their authorized agent ask the county sheriff to immediately remove people who are unlawfully occupying the home. You submit one sworn document, the “Complaint to Remove Persons Unlawfully Occupying Residential Real Property.” If the sheriff verifies that you are the record owner and otherwise entitled to relief, they serve a notice to vacate and put you back in possession. There is no eviction case and no month of waiting. Source: Fla. Stat. § 82.036
The statute is narrow on purpose, and you swear to every condition in the complaint. All eight must be true: you are the owner or the owner’s authorized agent; the property includes a home; the people entered unlawfully and are still there; the property was not open to the public when they entered; you have already told them to leave; they are not current or former tenants under any written or oral rental agreement; they are not your immediate family; and there is no pending lawsuit between you over the property. Florida also amended the section again in 2025, so the version in force today is newer than the one that first made headlines. Read the current text before you rely on a summary written last year.
Georgia: three business days to show a lease
Georgia took a criminal route instead. Its Squatter Reform Act, passed in 2024, created the offense of “unlawful squatting.” When an officer cites someone for it, that person has three business days to produce documentation authorizing their presence, such as a genuine rental agreement. If they cannot, they are subject to arrest for unlawful squatting. The law also rebuilt Georgia’s older intruder-ejection process around sworn affidavits and counter-affidavits, so a person who genuinely claims a right to be there can contest it in court rather than being removed on the spot. Source: Ga. HB 1017 (2024)
West Virginia: a squatter isn’t a tenant
West Virginia’s HB 4940 passed in March 2024 and took effect ninety days later. It does something clean: it states in plain code that squatters are not tenants, that squatting is the same as criminal trespass, and that no court in the state may force an owner to go through eviction to remove a squatter. The remedy becomes arrest for trespass, not a landlord-tenant case. Source: W. Va. HB 4940 (2024)
But read the definition, because it carries the same carve-out as Florida’s. West Virginia’s law says a “squatter” does not include a tenant who holds over in a periodic tenancy. So the classic “my tenant’s lease ended and they won’t leave” situation is still an eviction, not a trespass arrest. Same word on the news, opposite legal path.
When the fast track is the wrong move
It is tempting to reach for the fastest tool. Resist it if there is any real chance the person is a tenant. Florida spells out the price of getting this wrong: a person wrongfully removed under § 82.036 can be restored to the property and can recover actual damages, statutory damages equal to triple the home’s fair-market rent, court costs, and reasonable attorney fees. That penalty is steep by design, and it exists precisely because the fast track is so easy to point at the wrong person.
My take: if you have to argue with yourself about whether someone is a squatter or a tenant, plan as though they are a tenant. Use the process that cannot later be turned into a damages claim against you. A slower eviction that ends cleanly beats a fast removal that a judge unwinds.
What to do this week
Work it in this order, and stop at the first line that fits you.
- Be honest about permission. If you ever gave the person a key, a room, or a yes, or took any money for them to stay, plan for eviction, not removal.
- Tell the occupant to leave, in writing if you can and with a witness, and keep a copy. Florida requires you to have told them to leave before you file the complaint.
- If they are a true stranger with no claim, call your county sheriff’s office and ask specifically about your state’s unauthorized-occupant or squatter-removal process. In Florida that is the § 82.036 complaint.
- Gather proof you own or control the property: deed, tax bill, mortgage statement, or your management agreement. Every one of these laws makes you prove you are the owner before anyone acts.
- Document that they hold no lease from you. The fast-track path collapses the moment a plausible rental agreement appears, real or not, so your ownership paperwork has to be airtight.
- If any of this is unclear for your state, talk to a local landlord-tenant attorney before you act, not after. The wrong first move resets the clock.
Frequently asked questions
Can I have the sheriff remove a squatter without going to eviction court?
In some states, yes, but only against true strangers. Florida’s law, effective July 1, 2024, lets a residential owner or their agent file one verified complaint with the county sheriff to have unlawful occupants removed, with no eviction lawsuit. It does not apply if the person is a current or former tenant or a family member, if the property was open to the public when they entered, or if you have not already told them to leave.
Does a fast-track squatter law apply to a friend I let stay or a tenant who won’t leave?
No. Florida’s statute specifically excludes current and former tenants under any written or oral rental agreement, and immediate family members. West Virginia’s law excludes a tenant holding over in a periodic tenancy. If you gave the person permission or took any rent, treat them as a tenant and use formal eviction.
What happens in Georgia if a squatter can’t produce a lease?
Georgia’s Squatter Reform Act, passed in 2024, made unlawful squatting a crime. A cited occupant has three business days to show documentation authorizing their presence, such as a genuine rental agreement. If they can’t, they’re subject to arrest for unlawful squatting.
Does West Virginia still make me file an eviction to remove a squatter?
No. West Virginia’s 2024 law says squatters are not tenants and that squatting is criminal trespass, and it bars state courts from requiring an owner to use the eviction process to remove a squatter. A holdover tenant, though, is not a squatter under that law.
What’s the risk if I use the sheriff fast-track on the wrong person?
In Florida it’s expensive. A person wrongfully removed under the section 82.036 procedure can recover actual damages, statutory damages equal to triple the dwelling’s fair-market rent, court costs, and attorney fees. If there’s any real chance the occupant is a tenant, the fast track isn’t worth that exposure.
Does Money You’re Owed sell a squatter-removal kit for landlords?
No, and we won’t pretend otherwise. Our letter kits are built for the money-recovery side, like refunds and unclaimed money. Removing an occupant runs through your county sheriff or your local court, not a letter. If you have a question, you can reach us at [email protected].
Sources
- Florida Statutes § 82.036, “Limited alternative remedy to remove unauthorized persons from residential real property” (created by ch. 2024-44, effective July 1, 2024; amended by ch. 2025-112).
- Georgia General Assembly, House Bill 1017 (2023–2024), the Georgia Squatter Reform Act (offense of unlawful squatting; three-business-day documentation window).
- West Virginia Legislature, Enrolled Committee Substitute for House Bill 4940 (2024) (W. Va. Code §§ 55-3C-1, 55-3C-2, 37-6-31; squatters are not tenants; eviction not required).