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Acerone
I hate ants and ugly people.
Member since 3/07 6437 total posts
Name:
Chris
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How Do I Legally Evict a Squatter?
From your home? A friend of mine has an basement apartment for rent and the tenant left last week but not his girl friend.
The girl friend said under her breath that she should call the police because they are kicking her out and has no place to go. 
What can be done here?
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Posted 10/17/07 10:03 AM  |
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Kara
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Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: How Do I Legally Evict a Squatter?
Posted by Acerone
The girl friend said under her breath that she should call the police because they are kicking her out and has no place to go.
Not the landlord's problem.
Google Eviction New York State and you'll find tons of info.
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| Posted 10/17/07 10:11 AM |
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cazhley
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Member since 1/07 1429 total posts
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Cassie
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Re: How Do I Legally Evict a Squatter?
I'm not a lawyer, but I think in NY, if the person has occupied the place for 30 days or more, they can't be forced out (doesn't seem fair)...This may require an order of eviction.
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| Posted 10/17/07 10:19 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: How Do I Legally Evict a Squatter?
Is the tenant's girlfriend the tenant also? Does she have mail sent there? Is it her legal residence?
Get a lawyer and start eviction proceedings.
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| Posted 10/17/07 10:22 AM |
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Kara
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They call me "Tater Salad"
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Re: How Do I Legally Evict a Squatter?
Posted by cub
I'm not a lawyer, but I think in NY, if the person has occupied the place for 30 days or more, they can't be forced out (doesn't seem fair)...This may require an order of eviction.
Yes, but the fact that she "has no place to go" doesn't mean she can't be evicted.
Eviction can take 30-60 days, FWIW.
Is she actually a tenant of record? Is the apartment legal?
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| Posted 10/17/07 10:22 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: How Do I Legally Evict a Squatter?
is she paying rent? If she continues to pay rent, why evict her?
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| Posted 10/17/07 10:23 AM |
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cazhley
I ♥ cheesiness.
Member since 1/07 1429 total posts
Name:
Cassie
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Re: How Do I Legally Evict a Squatter?
Posted by Kara
Posted by cub
I'm not a lawyer, but I think in NY, if the person has occupied the place for 30 days or more, they can't be forced out (doesn't seem fair)...This may require an order of eviction.
Yes, but the fact that she "has no place to go" doesn't mean she can't be evicted.
Eviction can take 30-60 days, FWIW.
Is she actually a tenant of record? Is the apartment legal?
Yes, I know. She can be evicted. It's just that the police may not force her to leave without the order of eviction.
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| Posted 10/17/07 10:24 AM |
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domsmom52704
Family is everything!!!
Member since 5/05 1989 total posts
Name:
Jess
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Re: How Do I Legally Evict a Squatter?
Eviction is very hard to do and takes time. No, the police will not force her and cannot force her to leave unless there is an order of eviction. Plus the process can get quite expensive, atty's fees, court fee's etc.
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| Posted 10/17/07 11:33 AM |
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sunflowerjesss
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Member since 10/05 20369 total posts
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Jesss, duh.
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Re: How Do I Legally Evict a Squatter?
First of all - is the apartment Legal? If it isn't he doesn't have a leg to stand on.
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| Posted 10/17/07 11:36 AM |
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Chrisnamy
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Member since 1/07 3991 total posts
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Amy
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Re: How Do I Legally Evict a Squatter?
is her name on the lease? if its not....you should be able to kick her her out
Message edited 10/17/2007 11:40:11 AM.
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| Posted 10/17/07 11:38 AM |
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Disneygirl
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D
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Re: How Do I Legally Evict a Squatter?
Posted by Chrisnamy
is her name on the lease? if its not....you should be able to kick her her out
That's what I was thinking. If she wasn't even a tenant then technically she's trespassing by staying there.
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| Posted 10/17/07 12:04 PM |
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Shelly
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Re: How Do I Legally Evict a Squatter?
There are too many variables to be able to give any advice.
First, where do you live? NYC has different rules than LI.
Second, was she on a lease?
Third, is she paying rent?
Fourth? How long has she been "Squatting"
With that information, I think we may be able to point you in the right direction.
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| Posted 10/17/07 12:12 PM |
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Kara
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They call me "Tater Salad"
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Re: How Do I Legally Evict a Squatter?
Posted by sunflowerjesss
First of all - is the apartment Legal? If it isn't he doesn't have a leg to stand on.
Not necessarily.
Just b/c the apartment is illegal doesn't mean that anyone can just set up home base there and stay on your property!
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| Posted 10/17/07 12:17 PM |
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Emily
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Member since 7/06 8703 total posts
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STBHC
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Re: How Do I Legally Evict a Squatter?
IF the apartment is legal and she has been there less than 30 days, then you can call the cops. That way it is on record that you filed a complaint.
IF the apt is legal and she is on the lease...AND pays rent. You don't have a chance. If she does not pay rent and is on the lease then the Court Marshall has to kick her out.
IF the apt is illegal, don't call anyone and you are stuck with her.
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| Posted 10/17/07 1:03 PM |
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MrsPJB2007
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MJ
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Re: How Do I Legally Evict a Squatter?
Posted by Emily
IF the apt is illegal, don't call anyone and you are stuck with her.
not true. whether an apt. is legal or illegal -- you can go thru a process of eviction.
usually if someone is a tenant for more than 30 days and receives mail at the location, it means that is their residence and you must evict. you would have to file a notice of eviction in landlord/tenant court. this whole process can take awhile though--so be prepared.
don't change the locks to try and kick them out--cause you can face fines for that. it will have to be done in a legal way, but it may take SEVERAL months
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| Posted 10/17/07 1:06 PM |
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luckysmom
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Member since 6/07 5339 total posts
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Re: How Do I Legally Evict a Squatter?
Well if it's a basement apartment then it's pretty much not legal so i really don't think there is anything you can do. I am not 100% positive but even if they were able to do an eviction that can take a while.
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| Posted 10/17/07 1:09 PM |
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Kara
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Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: How Do I Legally Evict a Squatter?
Posted by luckysmom
Well if it's a basement apartment then it's pretty much not legal so i really don't think there is anything you can do. I am not 100% positive but even if they were able to do an eviction that can take a while.
Since when are all basement apartments illegal?
Regardless, you can still evict even if the apartment is illegal.
Additionally, just b/c eviction "takes a while" is not a good enough reason NOT to evict a squatter. Otherwise, you're left with the person. Yes, it can take 30-60 days and can be frustrating and expensive... but it's that or be stuck with her there.
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| Posted 10/17/07 1:11 PM |
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Acerone
I hate ants and ugly people.
Member since 3/07 6437 total posts
Name:
Chris
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Re: How Do I Legally Evict a Squatter?
Posted by Disneygirl
Posted by Chrisnamy
is her name on the lease? if its not....you should be able to kick her her out
That's what I was thinking. If she wasn't even a tenant then technically she's trespassing by staying there.
No lease really, everything was in the boy friends name like the phone bill. He gave them a 30 day notice and they made the mistake and gave him his security deposit back last week. They were suppose to be out midnight the 15th.
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| Posted 10/17/07 1:39 PM |
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luckysmom
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Member since 6/07 5339 total posts
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Re: How Do I Legally Evict a Squatter?
Posted by Kara
Posted by luckysmom
Well if it's a basement apartment then it's pretty much not legal so i really don't think there is anything you can do. I am not 100% positive but even if they were able to do an eviction that can take a while.
Since when are all basement apartments illegal?
Regardless, you can still evict even if the apartment is illegal.
Additionally, just b/c eviction "takes a while" is not a good enough reason NOT to evict a squatter. Otherwise, you're left with the person. Yes, it can take 30-60 days and can be frustrating and expensive... but it's that or be stuck with her there.
An apartment underground IS illegal, unless you have a family member living down there, and you can't have a stove or an oven AND, I never said they couldn't evict, i said i wasn't 100% positive, but it does take a while.
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| Posted 10/17/07 4:13 PM |
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DancinBarefoot
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Re: How Do I Legally Evict a Squatter?
Not that I like to give legal advice over the internet but . . .
she might not be a squatter under NY Law. My recommendation is for your friend to hire a landlord tenant attorney (cost on LI @ $500-750). You friend should NOT go to the Landlord Help Center in Lindenhurst b/c the guy is NOT an attorney (he just pretends).
Without an experienced attorney it will take FOREVER (like 6 months or more) to get the girlfriend out. With an experienced attorney you can cut the time to @ 90 days.
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| Posted 10/17/07 11:22 PM |
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