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!
Landlords Rights
The following questions about the landlords rights are often asked by both tenants and landlords:
Can a landlord change the locks to a tenant’s apartment? No, not unless they provide the tenant with a key to the new locks(s), the tenant has abandoned the apartment (proceed with caution, abandonment can be difficult to determine), or the landlord has lawfully evicted the tenant.
Can a landlord turn off the heat to a tenant’s apartment during the “heating season?” No, a landlord can not deliberately fail to provide heat to a tenant’s apartment during the heating season.
Can a landlord turn off the water to a tenant’s apartment?” No, a landlord can not deliberately fail to provide water to a tenant’s apartment.
Can a landlord throw a tenant and his/her belongings out on the street? No, not without a court order. And the Marshal or Sheriff would remove the tenant and his/her belongings (the landlord MAY have to pay for the moving and storage of the tenant’s belongings). Note: Police should be called in squatter and trespasser situations.
Can a landlord sue a tenant for unpaid rent? Yes, unless the tenant has filed bankruptcy or the landlord waived the rent arrears.
Can a landlord recover legal fees from tenant? Yes, if there is a clause in your lease which allows the prevailing party to recover attorneys fees.
Can a landlord sue a tenant for moving and storage fees? Yes, unless the tenant has filed bankruptcy.
The above sample answers are not “written in stone” and are not intended as legal advice. Every legal matter is unique and requires a thorough analysis before legal advice can be given.
New York Landlord Tenant Attorney
If you have questions about a landlord tenant issue, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620.
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