Real Estate Fraud, Squatting, and False Lien Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Fraudulent sale or lease of real property (s. 817.0311; Fla. Std. Jury Instr. (Crim.) 20.26, Elements): you either

• listed or advertised real property for sale knowing the supposed seller had no legal title or authority to sell it, or
• rented or leased real property to someone knowing you had no lawful ownership or leasehold interest in it.

Presenting a false document to stay on property (s. 817.03(2); Instr. 20.27, Elements):

1. You knowingly and willfully presented to someone a false document that claimed to be a valid lease, deed, or other instrument conveying a real property right.
2. You did it with the intent to detain or remain on the property.

Filing a false document against property (s. 817.535(2); Instr. 20.22, Elements):

1. You filed, or directed someone to file, an instrument (such as a lien, deed, mortgage, judgment, or lease) in the official records.
2. You intended to defraud or harass another person.
3. The instrument contained a materially false, fictitious, or fraudulent statement that claimed to affect an owner's interest in the property.

Degrees and Penalties

• Fraudulent sale or lease (s. 817.0311): first-degree felony, up to 30 years and a $10,000 fine. When the law took effect on July 1, 2024, it covered residential property only. Since July 1, 2025, it covers any real property.
• False document to remain on property (s. 817.03(2)): first-degree misdemeanor, up to 1 year and a $1,000 fine. In effect since July 1, 2024.
• False filing against property (s. 817.535): third-degree felony; second-degree felony for a second or later offense. It is raised one degree if the owner is a public officer or employee, if the filer was in jail, in a pretrial diversion program while on pretrial release or bond, on probation or parole, or under post-release supervision, or if the owner lost money (including the cost of removing the filing). On conviction, the court must declare the instrument void. A fraudulent construction lien under Chapter 713 is handled under a different statute, s. 713.31, not this one.
• Damage by an unauthorized occupant (s. 806.13): intentionally causing $1,000 or more in damage while unlawfully occupying a home (or, since July 1, 2025, commercial property) is a second-degree felony. See Criminal Mischief.

The civil side. An owner can also ask the sheriff to remove unauthorized occupants from a home (s. 82.036) or, since July 1, 2025, commercial property (s. 82.037). A removal is not a conviction, but what happens during it can lead to charges.

Common Miami Situations

• A relative who "rented out" a family home while the estate was still open.
• A person who moved in under a lease from someone who turned out not to be the owner.
• A contractor or ex-partner who recorded a lien or a document after a payment dispute.

Defense Themes

• Knowledge. You may have been the one deceived, by a fake landlord or a fake seller.
• Honest claim of right. An inheritance, an oral agreement, or a family arrangement can be a real basis to be there.
• Not materially false. A disputed debt is not the same as a fraudulent filing.
• No intent to defraud or harass. The State must prove it.

What to Do First

1. Keep every document: the lease, payments, texts with the "landlord," and recorded papers.
2. Do not show or hand over documents to the owner or deputies without advice.
3. Do not record anything new in the public records about the property.
4. Call us before speaking with detectives or the sheriff's office.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is squatting a crime in Florida?

Staying on property without permission can lead to trespass charges, sheriff removal, and, if someone uses a fake lease or deed, a separate misdemeanor. Damage of $1,000 or more is a felony.

I signed a lease and paid rent to someone who wasn't the owner. Am I in trouble?

The fraudulent-lease felony requires that you knew you had no right to rent the property. Being fooled is a defense theme, not a crime.

Can I be charged for filing a lien over a real debt?

The crime requires a materially false statement and intent to defraud or harass. Construction liens are governed by a separate law.