Occupants vs Tenants

Occupants vs Tenants

Member since 2024 · 2 posts · 1 vote

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.

0Reply
57 views

Most Popular Reply

Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
2y

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. 

See this reply in the discussion

6 Replies

Jump to latestLatest
  • Zachary DealPro Member
    Lender · Member since 2023 · 465 posts · 425 votes
    2y

    Hi Jerrell, I would recommend consulting with a local NYC RE attorney to confirm NYC tenant/landlord laws and regulations 

  • Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    2y

    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. 

  • Member since 2022 · 1k+ posts · 1k+ votes
    2y
  • Mackaylee BeachPro Member
    Real Estate Agent · Kansas City, MO · Member since 2020 · 1k+ posts · 493 votes
    2y

    I highly recommend consulting with a local attorney. Additionally, ensure that you have issued and kept records of all required notices.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @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.  

  • Investor · Fort Lauderdale, FL · Member since 2013 · 926 posts · 614 votes
    2y

    Jerrell, do yourself a favor and don't become a landlord in New York.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.