Squatters Rights NYC: Getting a Non-Tenant Out (2026)

✓ Law Verified September 28, 2026

Squatters rights nyc questions usually start with fear, especially when someone not on your lease refuses to leave your apartment. Take a breath. This is fixable, and as the leaseholder you have real rights. Maybe a friend overstayed. Maybe an ex won’t move out, or a stranger slipped into a spare room. Once you know how squatters rights nyc rules actually work, you can act fast without breaking the law yourself.

The short answer: Do not change the locks or throw out their things. Under squatters rights nyc law, a person who never had permission to be there is not a tenant, and police may remove them. However, a guest you invited who has stayed 30 days or more usually needs a 10-day notice to quit and a Housing Court case. Write everything down first. Then call Housing Court Answers or a local legal-aid office.

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Squatters Rights NYC: What the Law Says

In April 2024, New York changed RPAPL § 711. The new law says a squatter is not a tenant. A squatter is someone who entered without permission and stays with no right to be there. As a result, squatters rights nyc protections are much narrower than the viral news stories suggest.

However, there is a big catch. Someone you let in is usually not a squatter, whether that’s a guest, a partner, or a relative. The law calls that person a licensee. Typically, a licensee who has lived there 30 days or more cannot just be locked out. You end their permission with a 10-day notice to quit under RPAPL § 713. Then you go to court.

Also, squatters rights nyc rules are separate from adverse possession, which is a claim to own property. In New York, that takes 10 years of open, continuous possession. Other states use different numbers and methods:

State How a non-tenant is removed Notice or wait time Adverse possession period
New York Squatter: police removal. Invited guest: licensee holdover case (RPAPL § 713) 10-day notice to quit 10 years
Florida Sheriff removal on the owner’s sworn complaint (Fla. Stat. § 82.036) Immediate notice to vacate 7 years
Georgia Affidavit to magistrate court; occupant must show papers (O.C.G.A. § 16-7-21.1) 3 business days 20 years
Texas Eviction suit in justice court (Tex. Prop. Code § 24.005) 3-day notice to vacate 10 years in most cases
California Lodger in owner’s home removed after notice (Civ. Code § 1946.5) Notice equal to one rent period 5 years, plus taxes paid

What to Do Right Now (Step by Step)

Here is a calm, simple plan. Follow the steps in order, because skipping ahead can backfire.

  1. Stay safe. If you feel threatened, call 911. Threats and violence are crimes, no matter what squatters rights nyc rules say.
  2. Figure out how they got in. If they never had permission, call your local precinct. Say “unlawful entry, not a tenant.” Show your lease and ID.
  3. If you invited them, do not self-evict. Changing locks, removing belongings, or cutting utilities can count as an unlawful eviction. Under RPAPL § 768, that can bring a civil penalty of $1,000 to $10,000, plus up to $100 per day.
  4. Tell your landlord in writing. Your lease may let the landlord bring the case too.
  5. Serve a 10-day notice to quit if the person was a guest you let in.
Deadline: A 10-day notice to quit must fully run out before you can file a licensee holdover case. If the person is still there after it expires, you may file in Housing Court. If you are ever served court papers yourself, do not ignore them. Show up on the first court date.

For example, say you hand over the notice in person on October 1. In that case, the earliest you can typically file is October 12. Mailed notices may need extra days, so check with the clerk. Police sometimes hesitate, even after the 2024 change to squatters rights nyc law. If an officer won’t act, politely ask for a supervisor and write down the incident number.

How to Protect Yourself in Writing

Paper wins disputes. Start a simple log today. Write down the date the person arrived and who let them in. Note every talk you have about them leaving. Save texts, emails, and voicemails. Take dated photos of their belongings and any damage.

Next, prepare the 10-day notice to quit. It should name the person, list your address, and say their permission to stay has ended. Have an adult other than you deliver it, or hire a process server. That person signs an affidavit of service. Also mail a copy by certified mail, return receipt requested. Keep the green receipt card.

In most cases, squatters rights nyc disputes come down to one question: did this person ever have permission? Your log answers that question. As a result, keep copies of your lease, rent receipts, and ID. Store them outside the apartment, like in a cloud folder. If squatters rights nyc claims come up in court, a clear written record is your strongest shield.

When to Get Help With Squatters Rights NYC (Legal Aid or an Attorney)

Get help right away if the person claims to be a tenant, shows a lease, or files anything in court. Also call for help if there is violence, if a child is involved, or if your own lease is at risk. For example, some landlords try to evict the leaseholder over an unauthorized occupant.

Free help exists. Call Housing Court Answers at 212-962-4795. You can also dial 311 and ask for tenant legal services. The NY CourtHelp site and the borough Housing Court Help Centers can explain forms. If the person is an abusive family member or partner, Family Court may issue an order of protection that removes them.

A tenant attorney can read your lease and spot risks fast. That matters because squatters rights nyc cases often mix criminal, housing, and family law. Check with a local legal-aid office before you take any big step. Even a short call about squatters rights nyc rules can save you weeks of stress.

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Frequently Asked Questions

Can someone really claim squatters rights nyc protection after 30 days?

A true squatter can’t, since the 2024 law. However, a guest you invited who stayed 30 days or more is usually protected from a lockout. You typically need a 10-day notice and a court order.

Can I call the police on a guest who won’t leave?

Yes, you can call, and police may help if a crime is happening. In most cases, though, officers treat a long-term invited guest as a civil matter for Housing Court. Ask for the incident number either way.

Could adverse possession let them take over my apartment?

This is very unlikely for a rented home. Ownership claims under squatters rights nyc law require 10 years of open, continuous possession. They also target the building owner, not your lease.

Bottom line: You are the leaseholder, and the law is largely on your side. Squatters rights nyc rules protect invited guests from lockouts, not intruders from removal. Stay calm, write everything down, use the 10-day notice when you need it, and get free legal help early.

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Find Your State’s Exact Rules

Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.

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Sources & How to Verify

The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.

  • HUD: hud.gov — federal renter protections and fair housing
  • Legal Services Corporation: lsc.gov — find free legal aid in your state
  • Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
  • Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms

Content last reviewed September 2026. If you notice outdated information, please contact us.

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