Dealing with squatters in New York State can be complicated, wasting resources and valuable time. Due to the complexity of the matter, understanding squatters rights in New York is critical. So what are squatters rights in NY, and how do they work?
Finding unauthorized occupants on your rental property can be potentially dangerous and costly. However, even though they assumed the property unlawfully, squatters have certain rights. So, as a property owner, you need to be familiar with them to avoid getting yourself on the wrong side of the law.
Who is a squatter?
Whenever people hear the word squatter, they think of someone who moved onto a property and started residing there without the landlord's/ owner's knowledge. But even though this is true, a squatter has different definitions.
Here are a few scenarios in which someone can be referred to as a squatter.
- Someone who breaks into a vacant, abandoned or condemned property and takes residence.
- A property owner who creates a barrier around a land owned by someone else because they genuinely believe they own part of it.
- The victim of a scammer who posted fraudulent rental ads and collected rent payments.
- An authorized tenant who refuses to vacate or pay rent when their lease ends.
What are squatters rights?
It's hard to believe that an individual who unlawfully occupies a property has rights. Funny enough, they do. Squatters rights in NY allow a homeless person to settle in a property without the owner's permission if they haven't received any formal eviction notice.
How does squatters rights work in NY?
Do you know how to claim squatters' rights in NYC? In the State of New York, a squatter can claim adverse possession of a property if they've openly resided on it and paid taxes for more than ten years without the owner's validation.
However, the law is a bit different and harsh in New York City. When a squatter inhabits a property in NYC, the squatter rights grant them possession after just 30 days.
It sounds ridiculous, but yes, it's just 30 days. That's why sometimes the smaller landlords or property owners prefer to pay a squatter to leave their property instead of spending a lot of money on legal fees to have them evicted.
Here are the legal conditions a squatter must meet before seeking adverse possession.
1. Existing possession
The squatter must have treated the property like they were the actual owners. This includes caring for the garden, removing trash or debris from the property and more.
2. Permanent possession
Here, it means that the squatter must have lived in the property for an extended period uninterrupted. In New York, that is ten years; in New York City, it's only 30 days.
3. Open and notorious ownership
In this case, the squatting must be evident. This means the property owner should know that the squatter is on their property without permission.
4. Awareness of intrusion
Here, the squatter who unlawfully takes over a property should know they are violating the law by infringing on that land or property.
5. Exclusive ownership
The squatter must be the only person claiming the property's ownership. The claim is invalid if they share the property with others (i.e. owner, tenants or other squatters).
6. Good faith error
In this case, the squatter must not know the property's legal status, or they relied on invalid or inaccurate information about the property.
7. Simple occupation
Here, the squatter who occupies the property doesn't have to know the owner.
How to evict a squatter in New York State?
Can you evict a squatter in New York? Yes, but the NY eviction process is lengthy and complicated, so people try to avoid it by all means possible. And if you're inexperienced in real estate or real estate law, it best you work with a professional real estate agent or property manager when evicting a squatter.
10-day notice requirement
This notice is sent to someone who has stayed on the property for less than 30 days. In the notice, inform the squatter that they should vacate the property within ten days and also include reasons for doing so. If the squatter fails to leave the property after ten days, you can file a suit against them.
14-day notice requirement
A 14-day notice is the standard period for evicting someone from your property. You should inform the tenant that they must pay their due rent or vacate the property in 14 days.
It's the best notice when dealing with an elderly tenant or a person living on your property, even after lease termination. You can seek court eviction if the notice expires and they haven't fulfilled your request.
30-day notice requirement
This notice is sent to a who has squatters been residing on your property for over 30 days and is now considered a legal tenant. This notice informs the squatter that they should leave the property within 30 days. If they fail to do so, you can initiate the eviction process.
However, note that the squatter can fight the case in court to be allowed to reside for more years.
Can police remove squatters?
Yes, property owners in New York City use their local sheriff’s office and the court system to evict squatters because they aren’t permitted to do it themselves.
FAQs about squatter and squatter’s rights in NY
- How do you deal with squatter in NYC? As the legal property owner, you must serve the squatter a notice of eviction as you would to a tenant. If they don't comply with the notice, you can have them removed from the property, but with the help of the court and local sheriffs.
- How long does it take to evict a tenant in NY? Evictions in NYC take around 3 to 6 months. However, the reason for eviction can affect the time.
- How long does it take to evict a squatter in New York? Thirty days is the standard notice that can be served to a squatter living in your property. You'll also use this notice when dealing with a squatter who has stayed on your property for over 30 days.
- What is considered trespassing in NY? A person is guilty of trespassing when they knowingly enter and remain in a property.
Wrapping up
Squatters rights in New York are a bit harsh than in other US states. Therefore, as a property owner in New York, the best strategy is prevention when dealing with squatters. In addition, you shouldn't try to evict the squatter on your own; seek legal advice and help from a property manager or attorney.
Tuko.co.ke has shared an article about the worst prisons in New York State with dangerous prisoners. New York State has a crazy incarceration rate of 376 per 100,000 people (including juvenile facilities, immigration detention, jails and prisons).
This means that NY locks a huge percentage of its people than almost any democracy in the world. Most prisons in NY experience hostility and violence between inmates because of gangs in the prisons and being crammed together. Check out this article to learn about the worst prisons in NY with hostile prisoners.
