Adverse Possession Laws New York
Dealing with a squatter on your property can be a real headache, especially if you’re looking to rent it out. Knowing what landlords should regarding squatters’ rights in New York can save you from a major hassle.
So here’s the scoop: In the Big Apple, you hear quite a few stories about squatters, and that’s because they can stake a claim to your place in just 30 days. Once that clock starts ticking, getting them out can be a real marathon process.
It’s a bummer that most property owners aren’t aware of how easily these unauthorized tenants can score squatters’ rights in New York. And just to rub salt in the wound, kicking them out when they’ve taken over your pad can be a real problem. Why, you ask? Well, mainly because in NYC, all it takes is 30 days for an intruder or squatter to transform into a legit tenant.
Are Squatting and Trespassing Same in New York?
Okay, let’s break down the difference between squatting and trespassing in simpler terms. They’re not the same thing. Trespassing is like breaking the rules and it’s against the law, no doubt about it. Squatting, on the other hand, is a bit like a disagreement, and it’s usually sorted out in court. But here’s the twist: Squatting can become illegal if the owner of the place doesn’t want the squatter there anymore.
Here’s the deal: in New York, if someone has been living in a place for a solid thirty days, they get a ticket to stay there legally. So, if you’re the owner of the property or the landlord, you’ve got to act fast to get them out before those thirty days are up.
Also, here’s a sneaky trick: Trespassers or squatters might try to trick property owners or the police. They could show fake documents or create stories to try and make it seem like they have a right to stay there.
How Squatters Get Legal Rights
Wondering how someone can gain squatters’ rights in New York? Well, it’s not like winning a game, but there are some specific rules you’ve got to follow. These rules are pretty much the same across the United States and also apply in New York. Here they are:
Actual Possession: This one’s straightforward. It means the squatter has to have control over the property. It’s not just a pretend game; they need to physically be there.
Open and Notorious: The squatter can’t be sneaky about it. They have to be there in a way that everyone can see. No secret hideouts allowed.
Hostile: In squatter lingo, “hostile” means the squatter is acting like they own the place and not like a guest. If they got permission to be there, it’s not hostile. But in New York, it’s even tougher. The squatter has to honestly believe they own the property.
Exclusive: The squatter can’t share the property with others. It’s got to be like they own it all by themselves.
Continuous: In New York, this is a big one. The squatter has to keep possession of the property for a full 10 years without a break to claim adverse possession. That’s a long time!
Color of Title In New York
It means someone has a piece of paper that says they own a property, but there’s something wrong with it. Maybe it’s a messed-up deed or a fake one that makes it seem like they own the place when they really don’t.
Now, why does this matter for squatters? Well, squatters in New York need this “color of title” thing if they want to claim adverse possession, which is like saying they own the property after living there for 10 years. So, it’s like a special paper they need to prove they’ve been there long enough to take over.
How To Get Rid Of Squatters In New York
So, you’ve got a squatter on your property in New York, and you want them out. Here’s a plan to follow:
Give Them Notice: As soon as you realize someone’s squatting on your property, you need to tell them they’re not welcome. It’s like giving them a warning, but you’ve got to put it in writing. You might say, “Hey, you’re not supposed to be here, so leave.”
Try Renting: Here’s an idea – talk to the squatters and see if they’d be willing to rent the place instead of squatting. If they agree, make sure you both sign a lease agreement. It’s like making a deal where they pay you to stay.
Call the Sheriff: If the squatters don’t want to leave, it’s time to get some official help. Contact the sheriff’s office, which is like the law enforcement for this situation. They can come and tell the squatters they have to go.
Get Legal Help: If all else fails, and the squatters still won’t leave, it might be time to call in the big guns – a lawyer or a property management company. These experts know all the legal tricks to help you get your property back.
Remember, the key is to act fast and follow the rules, so you can regain control of your property.
Frequently Asked Questions
Why Do Squatters Get Any Rights?
The city doesn’t want people just hanging around on the streets, which can cause problems for property owners. So, in New York, squatters get some rights after 30 days of staying in a place.
Is Squatting Always Illegal in New York?
Not necessarily. If a property is vacant or abandoned, and the owner hasn’t said squatters aren’t welcome, it might be okay. But straight-up trespassing is a no-go – that’s always against the rules.
Do Squatters Have to Pay Taxes in New York?
Yes, they do. Squatters in New York have to pay property taxes for ten years before they can officially claim the place they’re living in.
Can Cops Kick Out Squatters in NYC?
Nope, the police can’t do that. If you want squatters out, you have to go through the court system and get help from the Sheriff’s office.
