New York lawyer cautions against using self-help evictions to remove a squatter
When a squatter invades someone’s home, getting the squatter removed can be costly and time-consuming in many states.
Every state has its own squatting laws. Speaking with a lawyer who specializes in landlord-tenant disputes can help you understand the law in your state and assist you with the best course to take.
One option homeowners often ponder is self-help eviction.
“Self-help eviction is when a landlord does not use court or (the) judicial process to remove a tenant or an occupant or a squatter from an apartment or a building,” Daniel P. Phillips, a real estate litigation partner at Belkin, Burden and Goldman in New York, told Fox News Digital in a phone call.
There are several means of removal that fall under self-help, including changing locks or turning off heat, electricity or water.
In squatting situations, homeowners may lock the squatter out or turn off utilities.
Self-help evictions are illegal in most states, with varying statutes and consequences in each state.
When it comes to squatters, self-help evictions get more complicated.
“In a squatter situation, I believe the [New York] statute actually allows it, because the statute talks about how you can’t use self-help if someone is in lawful possession of a property, a squatter is not in lawful possession of the property,” Phillips explained.
Even though landlords could choose the self-help route in New York to remove a squatter, it’s not a method Phillips recommends.
In court, a squatter could claim he was illegally locked out of a property. If that court finds a squatter was not properly removed, Phillips explained, the landlord could face prosecution.
“We don’t usually suggest it or advise to do it, given the high consequences, and usually nothing is very clean, clear cut. And the courts usually do not favour self-help,” Phillips explained.
Phillips said there is “some basis in the law to argue that you do not have to provide essential services to squatters. That’s all subject to potential litigation.”
“That’s the problem is that there’s sometimes a grey area as to if someone is truly a squatter or if they have some type of occupancy rights,” Phillips said.
Many squatters are familiar with the laws of the state they are in. They frequently have fake documentation to prove residency.
“If someone comes into lawful possession of an apartment or a building for 30 days or more, the law basically says that they cannot be removed without judicial process,” Phillips said of New York.
“If someone’s a squatter, in my opinion, it does not matter how long they’ve been there for, because they cannot fulfill the requirement of being there in lawful possession,” Phillips said. “But, again, these squatters are very clever, and they will come up with fake leasing documents or a fake story about how someone let them in, the landlord let them in.”
When this happens, Phillips explained, a trial will typically follow. The squatter is often allowed to live on the property during a trial.
Phillips said the first thing to do about a squatter is call the police and be prepared with any documentation you have to prove ownership. He added that any video surveillance you may have can also be helpful.
If the police are unable to remove a squatter, speaking with a lawyer in your state can help you decide the next steps to take.
