Squatters’ Rights in Rochester, NY & New York State
Squatters' rights can be a confusing topic for property owners and tenants alike. In New York, including Rochester, squatters have certain legal protections under state law. Whether you're a property owner trying to remove an unauthorized occupant or a squatter seeking to understand your rights, knowing the laws in 2024 is essential.
What Are Squatters?
A squatter is someone who occupies a property without legal permission from the owner. Squatting can occur in abandoned buildings, vacant homes, or properties left unattended for extended periods. Learn more about New York Squatter Laws.
Is Squatting Legal in New York?
Squatting itself is not legal, but New York laws provide certain protections to squatters under specific conditions. If a squatter remains on a property for a long enough period without being removed, they may gain legal rights to the property. Read more about Squatters’ Rights in NY.
Squatters’ Rights in New York State
Squatters in New York may claim legal possession of a property through adverse possession, which allows them to gain ownership if they meet specific conditions:
- Occupy the property openly and notoriously (not in secret)
- Stay continuously for at least 10 years
- Possess the property without the owner’s permission
- Pay property taxes (in some cases)
If these conditions are met, the squatter can legally file for ownership under New York’s adverse possession laws.
Squatters’ Rights in New York City
New York City has additional legal protections for tenants and squatters, especially in cases where a squatter can prove they’ve lived at a property for 30 days or more. At that point, they may be considered a tenant at will, meaning landlords must go through the formal NYC eviction process to remove them.
Squatters’ Rights in Rochester, NY (2024)
In Rochester and the surrounding areas, squatter laws follow the same general principles as New York State. However, property owners should be aware of:
- Rochester vacant property ordinances
- The formal eviction process in Monroe County
- The importance of securing and monitoring vacant properties
How to Remove a Squatter in New York State
If you have a squatter on your property, follow these steps:
- Call Law Enforcement – If the squatter has broken in, the police may remove them for trespassing.
- Serve a Formal Eviction Notice – If they have occupied the property for 30 days or more, you must file an eviction case in court.
- File for an Unlawful Detainer – A legal action to remove the squatter.
- Obtain a Court Order – If the squatter refuses to leave, law enforcement can remove them.
Do Squatters Have Rights in New York State?
Yes, but their rights depend on how long they’ve occupied the property. After 30 days, they may be treated as tenants and require a formal NY eviction process. After 10 years, they may claim legal ownership.
How to Protect Your Property from Squatters
- Regularly inspect vacant properties
- Install security systems and fences
- Clearly mark properties as private
- Take legal action as soon as trespassing is discovered
Final Thoughts
Squatters’ rights in Rochester, NY, and New York State can be complicated, but property owners can take steps to prevent unauthorized occupation. Understanding legal protections and taking swift action are key to maintaining property ownership. For more legal resources, visit New York Courts.