Squatter New York State

[Dennis Stewart]

My wife and I bought a home in upstate New York at a county tax foreclosure sale in march/April of this year. It’s in the county that borders ours. Great neighborhood, great school district, perfect location. The land alone is worth the purchase price.

However, there is a squatter living in the house on the property. The dwelling is severely distressed and probably condemnable. My wife and I sent him a letter explaining that we wanted to flip the house and that we purchased it as our first investment property and asked him to vacate immediately, and to contact us. He gave us a huge sob story about how he’s been there for years, and knew this day would come, and “thank you thank you thank you” for being willing to talk to him about options regarding our goals and him needing a place to live. (My wife felt sorry for him)

So, I researched ways to potentially make the situation profitable for both of us, and told him that I could submit an application to the county’s office of aging and other local agencies that may be able to help us work together in order to make the property livable, while also setting up a legitimate rental agreement. We did not form any rental agreement, we never requested rent, services or money from him, and he never paid us any money.

I completed as much of the information on the applications that I could without specific information required from him. Sent them to him, saying “all I need from you is…”. He didn’t respond until a week later saying that he twisted his knee in his daughters shower (property doesn’t have running water or fuel source). Told him to send me the stuff by the end of that week (2 weeks after I originally met him and found the applications). Sent me a picture of a crumpled up document that had nothing to do with what I originally asked for. Then said he was still looking for the other documentation and didn’t sent me anything.

Finally, on 7/10, I said “Hey I know you've had a lot going on lately. But it's been almost a month since I asked you for that stuff so that I could finish that application for you. We spent the last of our savings on that house, and now we need a new roof on our own home, but can't pay for it without taking out a loan because our money is tied up. So we need to get things going ASAP. I either need that info from you by tomorrow night, or we'll need you to find somewhere else to live by the 31st.”

No response. So on 7/12, I said “I didn't get anything from you yesterday. So here are the options I'm proposing. We would like you to be out by July 31st. We are willing to offer you $1000 cash, with a signed contract to do so. If not, the other option is a longer and more expensive route for us, and $1000 less for you than if you take the first option.”

He responded, “Sorry I didn't know what to do! Don't want to cost you more money than you need to spend! That offer sounds more than fair ! Can't. Imagine what it would cost you! I certainly don't want to do that to you guys! I'm not an evil person.

I'm just really lost, so sorry!!

That being saidu, how about $1500 and out by the end of August??? My car needs major front end and brakes all ?around! I'm honestly scared to go down the road! Sorry ! My "Oh a Subaru? That's a good reliable car" is a money pit!!!! Piece of crap!

So that’s what we’re dealing with.

I'm sorry but still Way cheaper than going thru court!! Ya? I would have loved helping you out fixin this place up, however I'm no longer able to do anything like that any more! I used to a potter and an artist, ha! I had a studio for 13yrs. In Lanesburro, Pa. Going to school to be an art teacher, then a heart attack an down to this!!! Haven't picked up a brush since! Life sucks then ya die!!! Yup! Don't care anymore! Sorry TMI !”

So I told him $1500 and July 1st, final offer.

He responded “Thank you for the offer, Most generous! You have a good heart!!! Quite the🥴carrot you've hung out, for sure!!! I've got some feelers out there I've had for some time, honestly! I have to get my support group back togeather, sad but true! 12 step like? But I can't see anyway to do it w/in your time line! The money certainly is a new way to look at my delema, but 14days, to me is over welming !! I'm not able to do things i did 20yrs ago. Don't know if I could've figured this out then, So? If you could find the extra couple weeks? I'd have to hire a crew, but I'd be out of your hair? I used to have a crew, a damn good one😵yeah 30yrs ago🥴 So? Don't know yet, just being honest”

I never responded to him after that. I called a local eviction attorney who wanted $2500 and 3-6 months to complete the process. Nope! Then I called the local code enforcer, who directed me to the town justice, where I finally found some useful guidance. He directed me to the NYcourts DIY website, where I found every step of evicting a squatter in New York State. We go to court in a week and a half, and I can finally be rid of this person.

But, what do I do with his years/lifetime long accumulation of junk that I’m sure will remain on the property? I’m 100% positive that he will need to be evicted/physically removed from the property by the local sheriff. I can’t seem to find anything regarding how to handle whatever possessions he cannot take with him. Is there a holding period? Am I required to move them somewhere? Can I sell them? Do I need to secure them? We just want to get to cleaning up and renovating the property as soon as possible.

I’m so sorry for this ridiculously long post. Just wanted to include as much detail as possible for accurate responses as well as information for anyone who may be in a similar situation. Any and all advice is welcome.

For more accuracy, the property is located in Broome County, NY.

Thank you for taking the time to read this.

Dennis

[Nathan Gesner]

Forgive me, but I only read about half your post. It's obvious from the very beginning that this guy is pulling one over your eyes and you are allowing it to happen. Stop talking to him. Treat him like a hostile squatter, which he is.

I would offer him $1,000 to be out in two weeks. He gets paid when you verify he's out and you can take control of the property. 

If he rejects that offer, spend the money on an attorney and force him out.