If you own property in New York, the clock starts ticking the moment someone occupies it without permission. Many landlords mistakenly believe they must wait 30 days before taking action—but that delay can cost you time, money, and control. Squatters can quickly complicate your legal standing, especially if they claim tenant rights. The truth is, you have options to act fast and protect your property. Here’s how to legally remove squatters in New York before the situation spirals.
1. Understand What Defines a Squatter
A squatter is someone who occupies property without legal permission. They are not tenants, guests, or subtenants. New York law distinguishes squatters from trespassers, but both can be removed with proper legal steps. If someone entered lawfully and overstayed, they may have tenant protections. But true squatters have no lease, no title, and no right to stay.
2. Don’t Fall for the 30-Day Myth
There’s a widespread misconception that squatters gain rights after 30 days of occupancy. In reality, New York law has been updated. The 30-day rule often refers to tenant protections—not squatters. Acting quickly prevents confusion and strengthens your legal case. Waiting can blur the line between trespasser and tenant.
3. File a Formal Police Report
Your first step should be contacting local law enforcement. A police report documents unauthorized occupancy and can help establish your intent to remove the squatter. Officers may not forcibly evict squatters, but they can confirm trespassing. This record is crucial if the case escalates to court. Always keep copies of all communications and reports.
4. Serve a Notice to Vacate
Even squatters must be given formal notice. A written demand to vacate gives them a clear deadline and shows your intent to pursue legal action. In New York, this notice typically gives 10 days to leave. If they refuse, you can proceed with eviction filings. Skipping this step can delay the process and weaken your case.
5. File for Eviction in Housing Court
If the squatter doesn’t leave, you’ll need to file a petition in housing court. This legal process may take several weeks, but it’s the only way to regain possession lawfully. You’ll need documentation, including proof of ownership and prior notices. Once approved, the court will issue a warrant for removal. A city marshal will then enforce the eviction.
Act Fast to Protect Your Property Rights
Squatter situations can escalate quickly, especially in cities like New York, where housing laws are complex. Acting within the first few days is critical to avoid legal entanglements and financial loss. Don’t wait for myths or misinformation to guide your response. Know your rights, follow the proper steps, and reclaim your property with confidence. The sooner you act, the stronger your position.
Have you ever dealt with a squatter situation? Share your experience or tips in the comments below.
