Squatter’s Rights 2026: New Laws Let Police Remove Them Fast
For decades, landlords were told that removing a squatter was a “civil matter” requiring months of expensive litigation. That has changed drastically. Starting with Florida’s HB 621 and followed by updates in New York and Georgia, new 2026 laws now define squatters as “criminal trespassers,” not tenants. In many states, you can now bypass the courts and request the Sheriff to remove them immediately. Here is how to use these new powers and avoid the old “Cash for Keys” trap.
1. The Rule: Trespasser vs. Tenant
The law now clearly distinguishes between a “squatter” and a “holdover tenant.”
New Laws (FL, NY, GA):
1. No Lease = No Rights: If they cannot produce a valid, verifiable lease, they are trespassers.
2. Immediate Action: The owner signs an affidavit, and the Sheriff removes them on the spot.
2. State-by-State Enforcement (Checklist)
Your location determines whether you need a Sheriff or a Lawyer.
| State | Removal Speed | Legal Mechanism |
|---|---|---|
| Florida | Immediate | HB 621: File a complaint; Sheriff removes them instantly. No court hearing required. |
| New York | Fast | RPAPL Update: Squatters explicitly excluded from “tenant” definition. Police can arrest for trespass. |
| California | Slow | Civil Eviction: Still largely requires an Unlawful Detainer lawsuit (3-6 months). |
3. Timeline: Immediate Removal vs. Court
The difference between “New Law” states and “Old Law” states is measured in months.
| Method | Timeline | Outcome |
|---|---|---|
| Sheriff Removal (FL, GA, NY) |
24-72 Hours | |
| Civil Eviction (CA, WA, MA) |
3-9 Months | |
| Adverse Possession (If Ignored) |
5-20 Years |
4. Strategy: Police First, Money Last
“Cash for Keys” is no longer the default first move.
- Step 1: Call the Police. Specifically cite the new statutes (e.g., “I am requesting removal under HB 621”). Show your deed and proof they have no lease.
- Step 2: The Fake Lease. Squatters often show a fake PDF lease. In modernized states, officers are now empowered to verify this (e.g., checking texts, calling the real owner) and arrest them for fraud/forgery.
- Step 3: Cash for Keys. Use this only if you are in a tenant-friendly state (like California) where police refuse to intervene.
5. Warning: Self-Help is STILL Illegal
The Sheriff can remove them. You cannot.
⛔ Don’t Be the Criminal
Even with the new laws, you (the landlord) cannot:
- Kick down the door with a baseball bat.
- Cut off the electricity or water.
- Throw their belongings on the street.
- Consequence: If you do this, you can be arrested for “Wrongful Eviction,” and the squatter might sue you for damages. Let the Sheriff do the physical removal.