Everything You Need to Know About Squatters in New York

Squatters' rights in New York are a topic that many property owners encounter but don’t fully understand until it’s too late. Whether you’re dealing with an abandoned property, managing rental units, or looking to sell a home with squatter issues, understanding these rights and how they apply can save you time, money, and frustration.

In this blog, we’ll break down everything you need to know about squatters in New York: what their rights are, how squatter laws work, and what property owners can do if they encounter squatters.

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What Are Squatters?

A squatter is someone who occupies a property without the owner’s permission. While this may seem straightforward, squatting is not always the same as trespassing. Under New York law, squatters may have certain legal protections depending on how long they’ve lived on the property and the circumstances of their occupation.


Understanding Squatters’ Rights in New York

New York has specific laws that govern squatters' rights, sometimes referred to as adverse possession laws. These laws protect individuals who occupy a property without permission under certain conditions.

Key Points About Squatters’ Rights in New York:

  1. Adverse Possession:
    In New York, squatters can gain legal ownership of a property if they meet the following criteria:

    • The squatter has occupied the property openly and without concealment.
    • The occupation is hostile (without the owner’s permission).
    • The occupation is exclusive (not shared with others).
    • The squatter has continuously lived on the property for at least 10 years.
      If all these conditions are met, the squatter may file for adverse possession and claim ownership of the property.
  2. Legal Eviction Is Necessary:
    Even if a squatter doesn’t meet the criteria for adverse possession, they are still protected under New York law and cannot simply be forced out. Property owners must go through the legal eviction process to remove squatters, similar to how tenants are evicted.
  3. Rights of Tenants-Turned-Squatters:
    If a tenant remains on the property after their lease has ended, they may still be considered a “holdover tenant.” In these cases, property owners must follow specific procedures to regain possession of the property.

How Squatters Impact Property Owners

Having squatters on your property can lead to significant financial and legal complications. Some of the most common issues include:

  • Decreased Property Value: A property occupied by squatters is harder to sell and may lose value.
  • Legal Fees: The eviction process can be costly and time-consuming.
  • Property Damage: Squatters may not take care of the property, leading to damage and repair costs.
  • Lost Rental Income: A property occupied by squatters can’t generate legitimate income from tenants or buyers.

How to Handle Squatters in New York

If you’re dealing with squatters on your property, here are the steps you should take:

1. Consult an Attorney

New York’s squatter laws are complex, and attempting to resolve the issue without legal guidance can lead to further complications. A real estate attorney can help you navigate the process.

2. File for Eviction

To remove squatters legally, you must file an eviction notice. This involves:

  • Serving a notice to vacate the property.
  • Filing a petition for eviction in court if the squatter refuses to leave.
  • Presenting evidence to support your case, such as proof of ownership and documentation of the squatter’s unauthorized occupation.

3. Avoid Self-Help Eviction

Under New York law, property owners cannot take matters into their own hands by locking out squatters or removing them forcibly. Attempting to do so can result in legal penalties against the owner.

4. Sell Your Property As Is

If dealing with squatters becomes too overwhelming, selling your property as is to a cash buyer may be a practical solution. Companies like ours specialize in purchasing properties with squatter issues, relieving you of the hassle.


Preventing Squatter Issues

The best way to handle squatters is to prevent them from gaining access in the first place. Here are some proactive steps:

  • Secure Your Property: Lock all doors and windows, and install security systems to deter unauthorized access.
  • Regular Inspections: Periodically check on vacant properties to ensure they remain unoccupied.
  • Post “No Trespassing” Signs: Clearly display signage to discourage squatters and make your intentions as a property owner clear.
  • Act Quickly: If you notice signs of squatting, address the situation immediately to avoid complications.

Frequently Asked Questions About Squatters in New York

Q: Can squatters really gain ownership of my property in New York?
A: Yes, if they meet the legal criteria for adverse possession, squatters can claim ownership after 10 years of continuous occupation.

Q: How long does the eviction process take in New York?
A: The timeline varies depending on the circumstances, but it can take several weeks or months to legally remove squatters.

Q: Can I sell a property with squatters living in it?
A: Yes, you can sell the property as is to a cash buyer who specializes in handling squatter-occupied homes.


Final Thoughts: Protect Your Property and Move Forward

Dealing with squatters in New York can be frustrating, but understanding your rights and the proper procedures can help you take control of the situation. If you’re ready to move on from a property with squatter issues, We Buy Any House As Is can help. We specialize in purchasing properties in any condition, even those with difficult occupants.

Contact us today to get a no-obligation cash offer and take the next step toward resolving your property concerns.

Read also:

Sell My House with Squatters

Dealing with Bad Tenants: Proven Strategies for Landlords

Facing Foreclosure in New York?

Legal Aspects Selling for Cash