Squatter or Holdover Tenant

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

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!

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