How New York City Property Owners Can Deal With Squatters

Real Estate Law · Sep 9, 2026

Discovering that someone is living in your New York City property without your permission can be an alarming experience. Whether a vacant apartment has been occupied, an inherited property has been entered, or someone has moved into a unit without authorization, property owners need to act carefully.

New York law provides procedures for recovering possession of real property, but owners should not assume they can simply change the locks, remove an occupant's belongings, or physically force someone out. The legal status of the occupant and the circumstances under which that person entered the property can determine what steps are available.

For NYC property owners, the safest approach is to document the situation, determine exactly what type of occupant you are dealing with, and obtain appropriate legal advice before taking action.

What Is a Squatter?

A squatter is generally someone who moves into a property without the owner's or anyone else's permission. This is different from a traditional tenant who entered into a rental agreement with the owner.

It is also important to distinguish a squatter from a licensee. A licensee may have been invited onto the property by a tenant or another authorized occupant but may not have an independent right to remain after that permission ends.

These distinctions matter because New York's eviction procedures depend heavily on the facts surrounding the occupancy. New York Courts explains that a holdover proceeding can be used to remove a tenant or another person in an apartment for reasons other than simple nonpayment of rent.

The important point for property owners is that not every unauthorized occupant should automatically be treated as a squatter. If someone claims to be a tenant, was previously authorized to live there, or has a complicated occupancy history, the legal analysis may be different.

Do Not Take Matters Into Your Own Hands

One of the most important rules for a property owner is simple: do not attempt a self-help eviction.

An owner who discovers an unauthorized occupant may understandably want to change the locks, shut off utilities, remove possessions, or physically remove the person. Those actions can create additional legal problems, particularly if the occupant disputes the owner's right to possession.

Instead, use the appropriate legal process.

If there is an immediate threat to someone's safety or a crime is actively occurring, contact law enforcement. But a property owner should not turn a disputed occupancy situation into a physical confrontation.

New York Courts describes holdover proceedings as a legal mechanism for recovering possession and recommends legal assistance because these cases can be complicated.

Document Everything

Once you discover an unauthorized occupant, begin creating a detailed record.

Take photographs of the property and preserve surveillance footage if available. Keep copies of communications with the occupant, property managers, neighbors, contractors and law enforcement. Record when you discovered the occupancy and any information you can establish about when the person entered.

Useful documentation can include:

• The deed or other evidence of ownership
• A previous lease or rental agreement
• Records showing that the property was vacant
• Security-camera footage
• Building access records
• Police reports
• Photographs of damage
• Locksmith records
• Communications with the occupant
• Contractor estimates and repair receipts

If the matter eventually reaches Housing Court, contemporaneous documentation can help establish what happened and when.

Determine How the Person Entered

The circumstances surrounding entry can be critical.

Someone who broke into a vacant property without permission presents a different situation from a guest who was invited by a tenant. A former tenant who remained after a tenancy ended presents yet another situation.

This is why owners should be cautious about using the word "squatter" as a catch-all term.

New York Courts distinguishes between a squatter who started living in a home without anybody's permission and a licensee who was invited to live there by a tenant.

If the occupant claims that the owner, a tenant, a relative or another authorized person gave permission to stay, that issue may need to be resolved through the appropriate court proceeding.

Understand the 10-Day Notice to Quit

One of the most important points for property owners to understand is that a 10-day Notice to Quit does not apply to every eviction situation.

For a person who qualifies as a squatter or licensee, New York Courts explains that the owner must serve a 10-day Notice to Quit telling the occupant to leave and stating the reason.

However, other occupants may be subject to different notice requirements.

For example, a person who has established a landlord-tenant relationship or whose circumstances otherwise place the case under a different statutory procedure may require a different predicate notice before a holdover case can be filed. New York Courts emphasizes that the appropriate notice depends on the nature of the occupancy and the grounds for the proceeding.

That is why owners should not simply download a 10-day notice and serve it on anyone they believe is a squatter. Using the wrong notice or serving it incorrectly can cause a case to be dismissed or delayed.

What About the 30-Day Issue?

Property owners frequently hear that someone becomes a "tenant" after living in a property for 30 days. The reality is more nuanced than that popular shorthand suggests.

An occupant's length of stay can be important, but it does not mean that every unauthorized person automatically receives all of the rights associated with a conventional tenant simply because 30 days have passed.

Instead, owners should focus on the occupant's legal status and the facts of the occupancy. Was the person ever given permission? Was there an agreement? Did the person enter through a tenant? Is the person claiming a tenancy? What type of property is involved?

Because these questions can affect the appropriate legal procedure, an owner who has allowed an unauthorized occupant to remain for an extended period should speak with a New York landlord-tenant attorney rather than relying on a simple 30-day rule.

Start a Holdover Proceeding When Necessary

If the occupant does not leave voluntarily after the required notice, the owner may need to commence a holdover proceeding.

A holdover case is used to recover possession when the reason for the case is something other than simply failing to pay rent. New York Courts explains that holdover proceedings can involve numerous circumstances and that the applicable requirements can vary.

The owner must establish the legal basis for the proceeding and comply with applicable notice and service requirements.

This is one reason legal assistance can be valuable. A mistake in the predicate notice, service, or description of the occupant's legal status can potentially derail the case.

Small Property Owners May Have DIY Resources

Not every property owner needs to hire an attorney to begin a straightforward squatter case.

New York Courts provides a Squatter Holdover Petition Program for qualifying property owners. The free program asks questions and prepares papers for a residential squatter holdover petition or Notice to Quit, along with instructions about what to do next.

Eligibility requirements apply. Among other requirements, the property must be unregulated housing, must not be owned by a corporation or voluntary association, and the owner must own fewer than three rental units. The occupants must also have moved into the property without permission from the owner or anyone else.

There are separate DIY resources for certain licensee holdover cases. Owners should therefore make sure they are using the program applicable to their circumstances rather than assuming that a squatter form applies to every unauthorized occupant.

For complicated cases, however, a DIY form may not be enough. A disputed tenancy, regulated apartment, corporate ownership, multiple occupants or unusual occupancy history can make professional legal assistance particularly valuable.

What If the Property Has Been Damaged?

Squatting can involve more than unauthorized occupancy. Owners may discover broken doors or windows, damaged locks, plumbing problems, missing fixtures, unauthorized alterations or other damage.

Photograph the damage and preserve receipts, estimates and other evidence of the cost of repairs.

If you believe a crime has occurred, report it to the appropriate authorities and keep the resulting report. You should also notify your insurance carrier when appropriate and determine what your policy covers.

Avoid making unnecessary repairs before documenting the condition of the property, particularly when the damage may become part of a legal dispute.

Prevention Can Save Owners a Major Headache

For owners of vacant NYC property, prevention is especially important.

Inspect vacant properties regularly. Keep doors and windows properly secured, maintain exterior lighting, consider appropriate security cameras and arrange for someone to check the property when it will be unoccupied for an extended period.

Accumulated mail, overgrown landscaping and other visible signs that a property is unattended can make a vacant building more attractive to unauthorized occupants.

Early detection is important. Discovering an unauthorized entry quickly can make the situation considerably easier to address.

When Should You Hire a New York Attorney?

Property owners should strongly consider speaking with an attorney when an occupant refuses to leave, claims to be a tenant, produces a purported lease, disputes the owner's right to possession, or has remained at the property for an extended period.

An attorney can determine the occupant's legal status, identify the appropriate proceeding, prepare or review required notices and help ensure that service and filing requirements are followed.

That can be particularly important because New York Courts warns that holdover proceedings can be complicated and recommends obtaining legal assistance.

The Bottom Line for NYC Property Owners

Squatters can create a serious problem for New York City property owners, but owners have legal tools for recovering possession.

The key is to act promptly without taking matters into your own hands. Document the situation, determine how the occupant entered the property, preserve evidence and use the appropriate legal procedure.

A genuine squatter situation may involve a 10-day Notice to Quit and a subsequent holdover proceeding. Other occupancy situations can require different notices and procedures, however, so owners should not assume that every unauthorized occupant can be handled the same way.

For qualifying small property owners, New York Courts provides a Squatter Holdover Petition Program that can help prepare court papers. For disputed or complicated situations, consulting a qualified New York landlord-tenant attorney can help protect the owner's property, money and legal rights.

Finally, an owner who obtains a judgment should understand that the physical eviction is handled through the court's warrant and an authorized enforcement officer. New York Courts provides information about the eviction process and what happens after a judgment and warrant are obtained.

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