Homeowners and landlords across Long Island are facing a growing problem: squatters. Although squatters have historically created legal obstacles for landlords and homeowners, more and more people have taken advantage of “squatters’ rights,” resulting in homebuyers purchasing homes or homeowners who discover unknown individuals occupying their property without the permission of the homeowner. Squatters can potentially create legal complications that result in substantial costs for those who need to remove them from their property.
What is a Squatter?
A Squatter(s) is a person or persons who initially gained possession to the property or premises without the permission or consent of the lawful owner and remain in possession without permission. Unfortunately, in most cases removing a squatter is not as simple as calling the police to have them removed for trespassing.
Legal Requirements to Remove Squatters
New York State recognizes “squatters’ rights,” however, the law in New York provides a pathway to remove squatters who occupy your property without permission. An essential element in establishing one as a squatter is that the individual initially entered the premises without lawful permission. In other words, it is the status of the initial entry of the current occupant in determining whether the individual is a squatter.
Some homeowners may attempt to have law enforcement remove a squatter from the property, however if law enforcement does not require the squatter to vacate the property, the homeowner’s legal remedy is to commence a Holdover Proceeding. Prior to commencing a Holdover Proceeding, the squatter must be formally served with a ten (10) Day Predicate Notice to Quit or Vacate the Premises. Should the squatter fail to vacate the property after the ten (10) Day Predicate Notice has expired, the Homeowner should cause a Holdover Petition to be filed with their local housing court, receive a court date, and formally serve the squatter with the Holdover petition.
What Not to Do When Removing a Squatter
For Residential Property Owners, the use of “Self Help” to remove a squatter or occupant, such as changing the locks, is a class A Misdemeanor, which subjects an individual to potentially one (1) year in jail and fine between $1,000 and $10,000.
The Costs of Squatting
Unfortunately, the cost of squatters is not only a legal expense. Many squatters do not maintain or properly care for property, and it is not uncommon for homeowners and landlords to enter residences to find that squatters have broken windows, damaged furniture, and caused other signs of neglect or misuse. The costs of repairing this damage can be significant and may delay you from being able to move into your property or prevent you from renting it out to other tenants.
What You Should Do if You Have a Squatter
If you are a homeowner or landlord who has found squatters living on your property, you will need experienced legal counsel to guide you through the process of removing them. That is why you should speak to a lawyer with experience to handle your real estate issues. If you or someone you know is dealing with any real estate issue and are in need of legal assistance, contact the Suffolk County landlord-tenant lawyers at McGuire, Peláez and Bennett at (631) 348-1702. The sooner you call, the sooner they can get to work on your behalf.
McGuire, Peláez and Bennett will help you preserve your rights and work to get the best possible outcome for your matter.
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