Squatter or Holdover
Figuring out if the occupant is a squatter or holdover tenant is easier than you would think. Recently we have received a lot of phone calls regarding situations where landlords are having difficulty with people in their rental properties that they have never signed a lease with. In this situation, the first thing that seems to come to the minds of most people is that they are dealing with a squatter. A quick reference is to look to the amount of time that the intruder is on the property for. If they are on the property for more than 30 days, then the easiest way to remove them from the premises is via a holdover proceeding. If the intruder is there for less time, then they may be ejected as a squatter. Often times, a holdover proceeding seems to give the landlord a more guaranteed approach to recovering their property. The tradeoff is that with a holdover proceeding, the time to evict is often a little longer.
If you have questions regarding your landlord or tenant and whether or not the situation in which you are involved should be dealt with as a holdover or ejectment, then feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!
If you are a landlord, you will eventually need to evict a tenant. Here are some things you should have at the ready:
- money to cover the mortgage if a tenant does not pay rent for several months;
- a well written lease that provides for additional rent and attorneys fees;
- a knowledgeable landlord-tenant attorney;
- a Multiple Dwelling Registration number (if required);
- certified copy of your MDR (if required);
- your original deed or a certified copy.
The above will help speed up the eviction process.
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.
Call (516) 858-2620 to arrange a FREE Landlord Tenant consultation with an attorney!
You, as the landlord, might have to pay to move and store your evicted tenant’s belongings. This can be extremely expensive (we are talking about thousands of dollars here).
The good news:
- Not all NY counties require the landlord to pay for the moving and storage of an evicted tenant’s belongings.
The bad news:
If your county requires the landlord to move and store an evicted tenant’s belongings:
- You will likely have to hire a licensed and insured moving company.
- You will likely have to pay for storage at a commercial facility.
We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their landlord tenant matters. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501.
Call (516) 858-2620 to arrange a FREE landlord tenant consultation with an attorney!
Recently we have run into some questions regarding service in Landlord Tenant actions. Proper service of legal papers is required in order to preserve your constitutional rights. In order to dispute service of papers commencing an action, either before a default judgment is entered or after a judgment has been entered, the disputing party should appear in court on the appearance date of their contesting motion. The appearance is necessary to give direct testimony and provide the evidence necessary to win a traverse hearing. If you have questions concerning any aspect of such a challenge, feel free to call our office at (516) 858-2620!
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