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Squatters living in abandoned or unoccupied properties can become a New York landlord’s worst nightmare.
Once settled in, these unwelcome trespassers can be incredibly challenging to remove and might even attempt to claim property rights through a legal process called adverse possession.
To avoid dreaded scenarios like these, New York landlords should study up on landlord-tenant law, understand squatters rights, and learn how to protect their unoccupied properties from adverse possession claims.
We’ll cover all the most important aspects of New York squatters rights in this article, starting with the basics.
Before we assess the legality of squatting in New York, we’ll analyze the main differences between trespassers and squatters.
Law enforcement can usually remove trespassers from a property quickly, whereas squatters who have established a presence might require a formal eviction lawsuit to be expelled.
Note: Landlords should call law enforcement at the first sign of a trespasser before they have a chance to establish themselves as a long-term squatter.
Squatting, a form of trespassing, is illegal in New York.
Trespassing is a criminal offense punishable by law, though trespassing squatters who have established their presence at a property don’t usually face criminal charges. Instead, they’re more likely to be taken to civil court by landlords and face eviction proceedings to force their removal.
Until recently, squatters in New York gained certain tenant rights after spending 30 days living on someone else’s property, making it frustrating and time-consuming for landlords to remove them.
Laws recently tilted back in the landlords’ favor, however, when New York legislators added seven words to housing law: “A tenant shall not include a squatter” on April 22nd, 2024. Since then, squatters can no longer obtain tenant rights and are much easier to evict.
As we just mentioned, squatters in New York can’t gain tenant rights once they’ve lived on a property for 30 days or more and will remain trespassers in the eye of the law. Still, landlords will need to initiate eviction proceedings to remove them after they’ve settled in.
Further, adverse possession laws allow long-haul squatters who have lived on a property for 10 or more years to attempt to claim ownership rights after they’ve fulfilled a series of complex and rigid requirements.
While the idea of losing property to squatters may strike fear into some landlords, the reality is successful adverse possession claims are extremely rare and relatively easy to prevent.
According to the New York State Senate, squatters must legitimately believe that a property belongs to them, establish a longstanding presence, and jump through a complex series of legal hoops to claim ownership rights.
Here is the strict set of requirements squatters must meet to claim adverse possession in New York:
In New York, squatters also bear the burden of proof for adverse possession, meaning the property will remain in the possession of its rightful owner until the squatter can prove to a judge that they’ve met all of the above requirements.
New York landlords have every right to attempt to reclaim their properties from squatters as long as they do so lawfully. Reclamation techniques include issuing squatters a 10-day Notice to Quit, pursuing an eviction, and working with an attorney to increase their odds of removing unwanted trespassers.
Landlords also have the right to negotiate with squatters in an attempt to reach a “cash for keys” settlement that pays squatters to leave the property and agree never to return.
In the spirit of fair play, landlords are responsible for ensuring their residences remain inhabitable even when occupied by squatters. In other words, landlords must continue to provide essential services like heat, hot water, and electricity.
As of April 22nd, 2024, squatters don’t gain any special tenant rights, even after inhabiting an unoccupied property for 30 days or more.
With that in mind, once squatters have begun living on a property that doesn’t belong to them, they have the right to remain there peacefully until the owner evicts them. Any attempts at forceful removal by the landlord would be illegal.
As such, a squatter is responsible for vacating an owner’s property when issued a Notice to Quit and must abide by any court-mandated eviction process. If squatters fail to vacate a property when issued a formal eviction notice, they become subject to removal from law enforcement.
In an ideal scenario, a squatter will vacate a property upon a landlord’s request, and eviction interventions can be avoided. If a squatter refuses to leave, however, the landlord will need to evict them to regain control of their property.
Here are the typical eviction steps in New York:
Legal Note: In New York, self-help evictions (forcefully removing squatters on your own, changing the locks, or withholding essential services) are illegal.
If you’re a landlord dealing with squatters in New York, you need all the help you can get. Here are a few legal resources to assist you during the process:
The best way to avoid a squatter situation is to stop unwanted trespassers from occupying your property in the first place. Here are a few tips to help:
Preventing squatters can be as simple as filling your properties with trustworthy tenants. Here’s how TurboTenant can help the process easier:
Sign up for TurboTenant today to fill your rentals, streamline your property management work, and keep squatters at bay.
Not anymore. On April 22nd, 2024, New York legislators added the words “a tenant shall not include a squatter” to housing law, effectively reversing a squatter’s ability to gain tenant rights after 30 days.
If a squatter damages or destroys your property, you can attempt to recoup the cost of repairs and/or replacement. To do so, document the damage, collect repair estimates and receipts, present the evidence during eviction proceedings, and file a lawsuit against the squatter in small claims court.
No. Doing so would be a form of self-help eviction, which is illegal in New York. Landlords who wish to remove squatters must follow eviction protocols to do so.
While you don’t necessarily need a lawyer and aren’t required to hire one for your squatter situation, having an attorney could help you navigate the legal system and increase your odds of a successful eviction lawsuit.