Florida’s New Unlawful Detainer Law: Expanded Rights for Residential and Commercial Property Owners

By: Nicholas Zillier, Esq.

The Florida Legislature recently passed “[a]n act relating to property rights;” which affects the rights of property owners against unlawful occupants and became effective on July 1, 2025. Among other things, this act amends section 82.036 of the Florida Statutes, which provides a “[l]imited alternative remedy to remove unauthorized persons from residential real property[.]” In addition, the act creates a new statute—section 82.037, which offers an equivalent remedy to the owners of commercial real property.

For property owners in Palm Beach County, these updates are important to understand before taking action. The statutes provide a streamlined path to request immediate removal of unauthorized occupants, but the process includes specific legal requirements and should be pursued with caution.

Residential Real Property (Fla. Stat. § 82.036)

Section 82.036 of the Florida Statutes enables the owners of residential real estate (or their authorized agents) to “to 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[.]” To do so, property owners who meet certain listed criteria must submit a verified complaint according to the form prescribed by subsection (3) of the statute.

Upon receipt of the complaint, the sheriff will:

• Verify that the complaining party is indeed the owner of the property
• Provide prompt notice to the occupant
• If the occupant fails to vacate the premises, remove the occupant or accompany the owner as they change locks and remove any belongings of the occupant

See Fla. Stat. § 82.036(4)-(5).

Additional Provisions Under Section 82.036

The statute further provides:

• The sheriff shall be entitled to a certain fee for executing the removal
• The sheriff and owner shall not be liable for any loss or damage to the unlawful occupant’s personal property
• The owner, as well as the occupant, may bring a civil suit for damages, which will be expedited by the court

See Fla. Stat. § 82.036(5)-(6).

2025 Amendment to the Complaint Form (Section 82.036)

The recent amendment to section 82.037 is minor. Its only notable change is to the prescribed form of the complaint, which now includes the following language:

I authorize the sheriff to enter the property using reasonably necessary force, to search the property, and to remove any unauthorized person or persons.

While this may not appear a significant amendment, it behooves property owners to consider its implications before filing a complaint for the removal of unauthorized persons under this section.

Commercial Real Property (Fla. Stat. § 82.037)

A major change effected by the passage of CS-CS-SB 322 is its creation of section 82.037. This new statute gives the owners of commercial real estate the right to request that the sheriff immediately remove unlawful occupants from their property, which was previously available only to the owners of residential real property.

The statute’s text is substantially identical to that of section 82.036, including:

• A list of qualifications for the owner or authorized agent requesting removal
• A prescribed form for verified complaints under the section
• A disclaimer of liability for property damage
• A civil right of action (and other parallel provisions)

So, by filing a verified complaint in substantially the form prescribed, a qualifying owner of commercial real property (or their authorized agent) can hereby arrange for the immediate removal of an unauthorized occupant.

Why This Matters for Palm Beach County Property Owners

Through the process authorized by these statutes, owners of commercial real estate now have an efficient means of regaining control of otherwise unproductive assets. This process is, however, subject to a number of legal requirements and should be pursued with caution.

Prior to seeking removal of an unauthorized occupant, commercial property owners should consult an attorney for assurance that their action will not subject them to unnecessary liability.

Frequently Asked Questions

What is Florida Statute 82.036?

Florida Statute 82.036 provides a limited alternative remedy that allows qualifying residential property owners (or authorized agents) to request immediate removal of unauthorized occupants through the county sheriff.

What did Florida’s 2025 legislation change for unlawful detainer actions?

The legislation effective July 1, 2025 amended aspects of section 82.036 and created section 82.037, extending a similar immediate removal remedy to commercial real property owners.

Can commercial property owners remove unauthorized occupants without a traditional eviction?

Section 82.037 creates an alternative remedy that may allow immediate removal through the sheriff when statutory requirements are met, but it must be handled carefully to avoid unnecessary liability.

Should I speak with a litigation attorney before filing a verified complaint?

Yes. Because these remedies are subject to specific legal requirements and potential civil claims, property owners should consult counsel before pursuing removal under sections 82.036 or 82.037.

Speak With a Palm Beach County Litigation Attorney

If you are dealing with an unauthorized occupant in residential or commercial property, Florida law may provide a streamlined remedy for immediate removal. However, strict statutory requirements apply, and improper use of these procedures can expose property owners to unnecessary liability.

Scott, Harris, Bryan, Barra & Jorgensen, P.A. assists property owners throughout Palm Beach County — including West Palm Beach, North Palm Beach, Jupiter Farms, Singer Island, Loxahatchee, and Tequesta — with unlawful detainer actions, landlord-tenant disputes, commercial real estate matters, and property litigation.

Contact our office to discuss your rights and options.