A former live-in handyman in Queens has refused to leave the $2 million home where he once worked for several years, leaving the rightful property owner alone. And this is completely legal.
A property owner in Georgia leaves home to care for his sick wife, only to find out that a trespasser has moved in and changed the locks on the house.When he returns home, he decides to kick the trespasser out. said it was not allowed.
The reason for this is a strange law that gives trespassers the right to remain, or squatter rights, only if they stay on the premises long enough to claim legal occupancy. It’s in a loophole.
Here’s how it works:
What are squatters’ rights in New York?
Squatter rights, also known in law as “squatter possession,” allow individuals to occupy and remain on real property without the owner’s permission.
Squatters must meet certain criteria to claim the right to remain in a location, but that’s not all that difficult, especially in the Big Apple.
How does a person become a squatter?
In New York State, individuals who have lived in a property for at least 10 years can assert the legal right to continue living in the property without the owner’s permission.
However, in New York City, an individual can assert squatter rights after simply occupying a property for 30 days.
Why is it so difficult to remove squatters?
The law provides wide latitude for squatters to establish lawful possession of property, subject to certain conditions.
For example, continuous and exclusive possession must be proven.
However, the owner must continue to provide utilities and pay other expenses while the squatter occupies the property.
How does a person become a squatter?
In many ways. Squatters may be former tenants who have established occupancy and are now refusing to pay rent, relatives of the former property owner, or outsiders who boarded the property and did not leave.
In the Queens case, squatter Brett Flores lived and worked on the property on behalf of the previous owner.
How can property owners remove squatters?
Good luck. When squatters set up shop, it can become a mess.
The owner first sends the violator a 10-day eviction notice. If it is ignored, the owner can sue the court to evict the squatter.
If the judge signs it, the owner will receive a summons and the sheriff will carry out the eviction.
But things don’t always go smoothly, as courts can be reluctant to pull the trigger once a right of trespass is triggered, and it can take a year or more for the owner to get the keys back. There are no restrictions.
Why does the law give rights to squatters?
This law was intended to protect long-term tenants who had established legal occupancy in their homes from being evicted onto the streets.
In New York City, which has traditionally had strong tenant rights laws, the law was also a response to properties that have remained vacant or abandoned for long periods of time, making them unsightly, dangerous, and eyesores. .
How can property owners protect themselves from squatters?
The most important rule is not to leave the property vacant for too long.
Make sure the property is safe and has proper lighting and security monitoring in place, and if someone shows up, the owner should act quickly before squatters’ rights are established.
Before a crime begins, it’s a simple trespassing, and the police usually crack down on the trespasser.
