Occupants vs Tenants
If an occupant doesn't pay and violates a leaseholder occupant agreement. Can you kick them out in NYC? Do occupants evoke tenants rights after 30 days? I want to understand more about occupants' rights in NYC.
#4 Medium-Term Rentals Contributor
- Lender
Hi Jerrell, I would recommend consulting with a local NYC RE attorney to confirm NYC tenant/landlord laws and regulations
Hi @Jerrell Sweeting - I'm a broker & investor in NYC. Your mixing up the squatter rights vs. holdover tenants categories.
Squatters USED to be able to break in and live for 30 days and have tenants rights. As of Monday 04/22 the governor has signed into law the provision to NOT recognize squatters as tenants any further.
In terms of a tenant that has paid before and had a lease, who refuses to now pay or no longer has a written lease - this is still a matter for housing court as they are a holdover tenant, not a squatter.
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I highly recommend consulting with a local attorney. Additionally, ensure that you have issued and kept records of all required notices.
@Jerrell Sweeting I know in NJ this was the difference between eviction(tenant) and ejection (just a " guest, no money agreement) of a person. My brother had to do this in NJ with overstaying relatives. If they passed new laws and in NY especially talk to an attorney.