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Updated 8 months ago on . Most recent reply

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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.

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Mohammed Rahman
  • Real Estate Broker
  • New York, NY
831
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Mohammed Rahman
  • 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. 

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