Squatters’ rights and adverse possession in New York often catch landlords off guard. After all, imagine how you’d react if you visited your vacant rental and found someone claiming it as their own home. Luckily, if you learn how squatters gain legal footing under state law, you can act fast and protect your investment.
This article explains how squatters can claim legal rights, how adverse possession works in New York, and the steps landlords must take to remove squatters. Keep reading to stay ahead of potential rental nightmares.
What is a squatter?
A squatter occupies a vacant or abandoned property without permission or a valid lease agreement. Across New York, squatters often target vacant rentals or foreclosed homes, counting on the owner’s hesitation or slow legal action to establish a claim to ownership.
For instance, let’s say someone slips into a vacant Brooklyn townhouse right after the previous tenants leave. This new resident then refuses to pay rent, ignores your demands to leave, and settles in like they belong there. Under New York law, that person qualifies as a squatter, and not a lawful tenant.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers helps landlords prevent potential squatting.
Squatters
- Occupy empty property and stay long-term without the owner’s consent
- Push for residency or ownership claims
- Require a formal court-ordered eviction to legally remove them
Trespassers
- Enter private property without consent, but usually leave soon after
- Make no effort to claim property ownership rights
- Can typically be removed immediately by New York law enforcement
Essentially, squatters settle in and attempt to claim rights, while trespassers intrude briefly and then leave. Recognizing the difference helps you follow the proper legal process to protect your property.
Check out this guide on squatters vs. trespassers to learn more about how to handle each situation.
What are squatters’ rights?
Squatters’ rights in New York give unauthorized occupants limited legal standing after living in a property for an extended period. These rights stem from the state’s adverse possession laws, which may allow a squatter to claim ownership of property by meeting specific legal requirements.
In New York, squatters’ rights prevent landlords from removing unauthorized occupants on the spot. Once someone establishes residency, landlords must file a formal eviction case as soon as possible to avoid court delays, lost rental income, and disputes over rightful ownership.
Can a squatter actually claim legal rights to a property?
Difficult though it may be to believe, squatters can legally claim rights to a property in New York. The process takes time, meticulous attention to detail, and overwhelming proof, but it isn’t impossible. Landlords can stop this issue early by securing their empty rentals, monitoring their properties, and keeping lease and ownership records up to date.
Adverse Possession Laws in New York
Adverse possession in New York lets an occupant claim ownership of a property after meeting certain legal conditions. To succeed, the squatter’s residence must be:
Actual: The squatter must physically use or improve the property, such as by maintaining the yard or making repairs and upgrades.
Open and notorious: The occupation must be visible to anyone, including the original owner and any passersby.
Hostile: The squatter must occupy the property without the owner’s permission or a legal right to do so.
Exclusive: The squatter must control the property alone and keep others, including the owner or other squatters, from using it.
Continuous: The squatter must live on and control the property for 10 consecutive years without breaks to meet New York’s legal standard.
Supporting law: N.Y. Real Prop. Acts § 501, N.Y. Real Prop. Acts § 522
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in New York, a squatter must live on and control the property for 10 consecutive years without the owner’s consent. Any break in occupancy resets the clock and ends the squatter’s chance of gaining ownership rights.
For example, a squatter who stays in a vacant Bronx brownstone for just 8 years, moves out for a month, and moves back in for 2 more years would not be able to make a successful adverse possession claim.
Supporting law: N.Y. Real Prop. Acts § 511
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a document that appears valid, but is legally flawed. In such instances, a squatter could have purchased a property at a fraudulent sale and received a fake deed, for instance.
In New York, squatters generally need a color of title to claim adverse possession, though the color of title does not reduce the required occupancy period. They must still be able to prove that their residence on a property was open, hostile, exclusive, actual, and continuous for at least 10 years.
Supporting law: N.Y. Real Prop. Acts § 501, N.Y. Real Prop. Acts § 522, N.Y. Real Prop. Acts § 511
Does the squatter have to pay property taxes for adverse possession in New York?
In many states, squatters must pay property taxes to claim adverse possession, but New York is not one of them. You can learn more about property taxes in New York property taxes at TurboTenant.
In New York, paying property taxes does not shorten the 10-year adverse possession period. However, consistent payments can strengthen a squatter’s claim by showing their intent to own the property. Landlords should always stay current with their taxes to protect their ownership.
Supporting law: N.Y. Real Prop. Acts § 501, N.Y. Real Prop. Acts § 522, N.Y. Real Prop. Acts § 541
How to Legally Remove Squatters from Your Property
Removing a squatter from your vacant New York property requires quick action and a court-approved eviction to regain possession. Here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If possible, consider resolving the situation directly before filing for eviction. Offer solutions like mediation, relocation assistance, or a cash-for-keys deal to encourage a peaceful move-out.
Important: Never attempt a self-help eviction, such as changing locks or shutting off utilities. This is illegal in every state and can trigger fines or even criminal charges.
Step 2: Get in Touch With Local Law Enforcement
Ask local law enforcement to inspect the property and speak directly with the squatter. Officers may find that the person is a trespasser instead of a squatter, in which case, they can remove the individual on the spot without the need for a formal eviction case.
Step 3: Serve the Squatter a 14-Day Notice to Quit
If police can’t remove the squatter, start a formal eviction through Housing Court. Serve a 14-Day Notice to Quit, which orders the occupant to leave within 14 days or face an eviction case. This notice begins New York’s legal process for reclaiming your property.
Step 4: File a Petition for Special Proceedings Against the Squatter
If the 14-day deadline passes and the squatter still occupies your property, file a Petition for Special Proceedings in your local housing court. This starts the formal eviction case and moves you closer to regaining legal possession of your property.
Step 5: Present Your Case in Front of a Judge
Bring strong evidence of squatting to court to back up your claim, since the judge will decide possession based on proof. Useful examples include:
- Photos or videos showing unauthorized occupancy
- Witness statements from neighbors, contractors, or property managers
- Documentation of damages or expenses that the squatter caused
- Documentation of your previous attempts to remove the squatter
During the hearing, the squatter can present their own evidence, such as a color of title, proof of long-term possession, or tax receipts. Solid documentation helps New York landlords disprove the squatter’s claims and convince the judge to grant possession of the property.
Step 6: Obtain a Warrant of Eviction, Authorizing Removal of the Squatter
If the judge sides with you, the court will issue a Judgment of Possession, allowing you to request a Warrant of Eviction. In New York, only a city marshal, sheriff, or constable can carry out the warrant and legally remove the squatter.
Once granted, the court typically issues the Warrant of Eviction within several days, depending on the county. Only the marshal or sheriff can serve the warrant. Landlords must provide proof of proper notice, and squatters may request a short stay before law enforcement officers complete the eviction.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Warrant of Eviction, law enforcement can legally remove squatters from your property. If they leave belongings behind, follow New York’s property disposal rules. Typically, landlords must store abandoned property for at least 30 days and notify the tenant before disposal.
After regaining possession, secure your property immediately by replacing the locks, posting “No Trespassing” signs, and inspecting the space for other ways to prevent new squatters from moving in.
With the eviction complete, you can focus on prevention. Next, we’ll discuss how you can protect your New York property from future squatters.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to keep them from entering your property in the first place. Use these proven tips to protect your New York property:
Inspect the property regularly: Check vacant units frequently to show activity and discourage squatters. Routine visits help you spot damage, break-ins, and early signs of unauthorized occupancy.
Install security cameras: Set up cameras at entrances and visible areas. This discourages intruders and provides solid evidence for police or housing courts in the event of an eviction case.
Act quickly against trespassers: Call the police immediately whenever someone enters your property without permission. If you move quickly, you can prevent them from establishing residency and squatters’ rights.
Secure all entry points: Lock every door and window, and install motion-activated lights. Reinforced hardware and clear visibility make your property harder for squatters to access.
Maintain the property: Keep the landscaping neat, collect mail, and repair damages promptly. A property that looks cared for signals ownership and deters squatters seeking obviously neglected spaces.
Fill vacancies quickly: List and market empty units using TurboTenant’s rental advertising tools. Keeping your property occupied reduces the likelihood of squatters moving in.
Screen future tenants thoroughly: Run background, credit, and eviction checks by screening tenants thoroughly. A detailed screening helps you avoid renters who overstay their lease or invite unauthorized occupants to live in the property.
Digital Tools to Help Landlords Thwart Squatters
New York landlords can effectively handle squatters’ rights and adverse possession with the right tools, documentation, and consistent property oversight.
You should always use trusted property management software to track vacancies, manage records, and stay organized, reducing squatter risk across your rental properties.
If you want to protect your rentals and simplify property management, visit TurboTenant to create a free account today.
FAQs: Squatters’ Rights & Adverse Possession Laws in New York
How long does it take a squatter to claim property rights in New York?
A squatter can claim ownership in New York through adverse possession after living openly, continuously, and exclusively on the property for 10 years. They must also show proof of regular property use to qualify.
Can landlords remove squatters legally without taking legal action?
No, landlords in New York must file a formal eviction case in housing court to remove squatters. Taking matters into your own hands violates state law and can lead to penalties or potential criminal charges for unlawful eviction or harassment.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies property without permission or a lease, while a holdover tenant remains on a property after their lease expires. In New York, holdover tenants keep limited rights, while squatters must meet strict conditions before gaining any legal standing.
Can a landlord turn off power or change locks to remove a squatter?
No. New York law prohibits landlords from cutting utilities, changing locks, or otherwise forcing a squatter out. Only a marshal, sheriff, or constable can legally remove the squatter after the local housing court issues a Warrant of Eviction.