Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$39.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Medium-Term Rentals
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

2
Posts
1
Votes

Occupants vs Tenants

Jerrell Sweeting
Posted

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.

User Stats

255
Posts
295
Votes
Zachary Deal
Pro Member
#4 Medium-Term Rentals Contributor
  • Lender
295
Votes |
255
Posts
Zachary Deal
Pro Member
#4 Medium-Term Rentals Contributor
  • Lender
Replied

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

User Stats

1,511
Posts
757
Votes
Mohammed Rahman
Agent
  • Real Estate Broker
  • New York, NY
757
Votes |
1,511
Posts
Mohammed Rahman
Agent
  • Real Estate Broker
  • New York, NY
Replied

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. 

Rent To Retirement logo
Rent To Retirement
|
Sponsored
Turnkey Rentals 12+ States. SFR, MF & New Builds, High ROI! 3.99% rates, 5% down loans, below market prices across the US! Txt REI to 33777

User Stats

1,313
Posts
890
Votes
Henry T.
Pro Member
890
Votes |
1,313
Posts
Henry T.
Pro Member
Replied

 https://www.nyc.gov/site/mayorspeu/programs/tenant-rights.pa...

User Stats

552
Posts
262
Votes
Mackaylee Beach
  • Real Estate Agent
  • Kansas City, MO
262
Votes |
552
Posts
Mackaylee Beach
  • Real Estate Agent
  • Kansas City, MO
Replied

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

User Stats

8,306
Posts
4,327
Votes
Colleen F.
Pro Member
  • Investor
  • Narragansett, RI
4,327
Votes |
8,306
Posts
Colleen F.
Pro Member
  • Investor
  • Narragansett, RI
Replied

@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.  

User Stats

704
Posts
445
Votes
Michael Carbonare
  • Investor
  • Fort Lauderdale, FL
445
Votes |
704
Posts
Michael Carbonare
  • Investor
  • Fort Lauderdale, FL
Replied

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