Legal Question in Real Estate Law in New York

squatters rights

A friend rented me a room in her apartment the landlord said everybody most move out. She moved out and I remained I told the landlord I havn't found a place. Can he just throw me out without going to court? Do I have any rights.I spoke with him about needing more time. I told him I would move on 2/17/03 but at this time I can't. I need up to 3/5/03. to move and he said no. I do not have a lease. At this he's calling me a squatter. Iam aware of my status. Thank you for any advise you can give.


Asked on 2/13/03, 8:09 pm

2 Answers from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: squatters rights

I have to disagree with the prior response, NY law states that almost anyone in possession for over thirty days (no matter how they got there) is entitled to court proceedings before they can be evicted (see NY real prop. actions & proc. law 711)

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Answered on 2/15/03, 5:50 pm
John Friedman Law Office of John K. Friedman

Re: squatters rights

I'm assuming you had no written agreement w/ your friend to be a roommate nor an agreement w/ the landlord to put you on the lease. Thus, when the lease was terminated (he made every one leave you say -- he evicted the leaseholder) you became a squatter as you were essentially a guest while you were there and before the lease was terminated. Without a lease, and not having been on the lease prior to its termination, you unfortunately have no rights. He/she can evict you by simply calling the police and having them physically remove you.

Sorry for the bad news.

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Answered on 2/13/03, 9:47 pm


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