Squatter or Holdover?

On June 22, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

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 our office at (516) 858-2620!

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 consultation with a Landlord Tenant attorney!

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