Squatting In New York State, Is It Legal? How Can You Get Rid of An Unwanted ‘Guest’?

Imagine that you own a home in New York State but someone, a squatter, you likely don't know is living there and they won't leave. You might even get arrested if you attempt to enter your own home. Seems crazy but it's happening in New York every day.

Investopedia defines squatter as a person who settles in or occupies a piece of property with no legal claim to the property. A squatter lives on a property to which they have no title, right, or lease. Is squatting legal in New York?

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Squatting is not legal in New York State but squatters do have rights. Innago reports that a squatter can make a successful claim for adverse possession of a property if they occupy the property for at least ten continuous years and/or have color of title.

In New York City the squatter only needs to occupy the property for 30 consecutive days! Here are some other requirements for the squatters according to Nadel & Ciarlo;

• The squatter must not have a valid lease or rental agreement with the owner
• The squatter’s possession of the property is open and obvious to neighbors or anyone else.
• The squatter does not share possession of the property with anyone else.
• Watch this video for a recent example of squatting in New York.

How do you get rid of squatters in New York State? You will need to go through the full eviction process, file a formal eviction complaint in court, and attend a hearing to lawfully remove the squatter.

Once you are able to confirm legal ownership, and the court issues a warrant for the possession, the squatter will have 14 days to leave the property. If the squatter does not comply only a sheriff can forcibly remove them. For an in-depth explanation click HERE.