Licensee and squatter removal lawyer for Capital Region landlords
In New York, a case against an occupant who isn’t a tenant, such as a family member you’ve let stay, a roommate left behind, or a squatter, is a special proceeding under RPAPL 713. It begins with a 10-day notice to quit, except on two grounds the statute exempts (RPAPL 713(10), (11)). We represent Capital Region landlords in these cases in every court in Albany, Schenectady, Rensselaer, and Saratoga counties.
Start your caseStart your caseLicensee, squatter, or tenant?
The label decides which ground the case rests on, what the notice and petition say, and whether Good Cause Eviction reaches the person. Every petition has to state the respondent’s interest in the premises and relationship to the petitioner (RPAPL 741(2)).
A licensee
A licensee is someone the person entitled to possession allowed to stay, but not as a tenant. The ground is that the license has expired or been revoked, or that the person who allowed the stay is no longer entitled to possession (RPAPL 713(7)). Examples include a relative, a partner, a friend, or a roommate who stayed after the tenant left.
A squatter
The statute defines a squatter as a person who enters onto or intrudes upon real property without the permission of the person entitled to possession, and continues to occupy it without title, right, or permission. If that definition and RPAPL 713(3) conflict, the provisions of RPAPL 713 control (RPAPL 711, 713(3)).
A tenant, and the cases next door
A tenant who hasn’t paid rent is a nonpayment case (RPAPL 711(2)), and a tenant whose term has ended is a holdover case (RPAPL 711(1)). Two other grounds in RPAPL 713, entry by force or unlawful means and possession that came with a job, need no notice to quit (RPAPL 713(10), (11)).
This page is about homes and apartments. We quote a commercial property separately, after we’ve reviewed the case (see commercial evictions).
When the label isn’t clear
Some facts blur the line, and the label turns on them. If the person has paid you to stay, tell us; that can change which case applies. If the person says they own part of the property, tell us first: some situations need a different kind of court case.
Does Good Cause Eviction apply?
The Good Cause Eviction Law protects a “tenant,” and it defines the word. Someone for whom no landlord-tenant relationship exists, as established under a ground in RPAPL 713, is not one, and neither is a tenant’s roommate (an “occupant” under RPL 235-f) who hasn’t had the landlord’s consent to live there as a primary residence in exchange for rent (RPL 211(4)). Housing held solely as part of a job that is being or has been lawfully ended is exempt as well (RPL 214(4)).
A person who is a tenant in fact is protected in a covered home even without a written lease (RPL 216(1)), and which label fits is decided on the facts.
For property in a Good Cause municipality, we check whether the law covers the rental and follow what it requires, as part of your case (RPL Article 6-A). Which municipalities have opted in, and as of what date, is covered in our Good Cause Eviction answer.
Good Cause Eviction compliance covers the law in more detail.
The 10-day notice to quit
A case against someone who isn’t a tenant can be brought after a 10-day notice to quit has been served on the respondent as RPAPL 735 prescribes (RPAPL 713), except on two grounds that need none (RPAPL 713(10), (11)). The ground itself includes the ending of permission: the license has been revoked (RPAPL 713(7)(b)), or, for a squatter, permission has been revoked and notice of the revocation given to the person (RPAPL 713(3)). For a case we take, we prepare the notice and a process server serves it.
The notice to quit section of our notices page covers how it is served and the two grounds that need no notice.
Removal through the courts
What the law bars
New York makes it unlawful to evict certain occupants from a dwelling without a warrant or court order, by force or threats or by any other conduct meant to make them leave or keep them out, including cutting off essential services, removing belongings or the entrance door, and disabling the lock or changing it without giving the occupant a key (RPAPL 768(1)(a)). An intentional violation is a class A misdemeanor, with a civil penalty of not less than one thousand nor more than ten thousand dollars for each violation (RPAPL 768(2)). Whether a particular person is protected turns on facts a court, not the owner, decides.
What a court can order
A tenant or lawful occupant can be removed only in a special proceeding (RPAPL 711). If a court enters judgment for the petitioner, it issues a warrant that orders the officer to remove everyone named in the case (RPAPL 749(1)), which is why the petition names everyone living there. On the occupant’s application, a court can hold off issuing the warrant for up to one year if the statute’s conditions are met (RPAPL 753(1)).
Carrying out a warrant
Only the officer the warrant names carries it out: the sheriff, or a constable or marshal, after at least 14 days’ written notice to the occupants, on a business day between sunrise and sunset (RPAPL 749(1), (2)(a)). If you want us to deliver the warrant to the sheriff or marshal and coordinate the removal, that is optional warrant coordination.
Filing the case
A petition and a notice of petition start the case. A party can’t issue the notice of petition; an attorney, a judge, or the court clerk does (RPAPL 731(1)). The person lawfully entitled to possession can bring the case (RPAPL 721(6), (7)). The petition states the petitioner’s interest in the premises, the respondent’s interest and relationship to the petitioner, and the facts behind the case (RPAPL 741(1), (2), (4)).
The property’s location picks the court: the case is tried in the court whose jurisdictional area holds the property or part of it (RPAPL 701(2)), and that court can be a county court, a town or village justice court, or a city court, such as those in Albany, Schenectady, Troy, and Saratoga Springs (RPAPL 701(1)).
State law adds a pleading rule tied to the property in Albany and Schenectady: if a local law requires the premises to be registered before they can be rented legally, the petitioner must allege proof of compliance (RPAPL 741(6), (9)). Albany’s court rules add a step for a rental dwelling unit: no eviction case may be commenced until the petitioner has submitted a copy of the unit’s most recent residential occupancy permit (Albany City Code § 30-323).
The petition can also seek the fair value of the occupant’s use and occupancy for a period when no rent is due, but only if the notice of petition says that demand is made (RPAPL 741(5)). Collecting on a money judgment is a separate step, and it isn’t included in the flat fee (see what’s not included).
Our attorney decides whether we take a case after reviewing it; see how it works for what follows.
Fees for a licensee or squatter case
A residential licensee or squatter case is a flat-fee case. Our pricing page explains:
Frequently asked questions
A relative is living in my property and won’t leave. Do I have to go to court?
Yes. A tenant or lawful occupant can be removed only in a special proceeding (RPAPL 711). For someone who isn’t a tenant, that is the case under RPAPL 713, which follows a 10-day notice to quit served as RPAPL 735 prescribes; two grounds need no notice (RPAPL 713(10), (11)). A judgment for the petitioner is followed by a warrant that the officer it names carries out (RPAPL 749(1), (2)(a)). Whether Good Cause Eviction reaches the person depends on whether the person is a tenant as that law defines the word (RPL 211(4)).
What is the difference between a licensee and a squatter?
A licensee was allowed to stay, but not as a tenant, and the case rests on the license having expired or been revoked, or the person who allowed the stay no longer being entitled to possession (RPAPL 713(7)). A squatter entered or intruded without permission and stays without title, right, or permission (RPAPL 711, 713(3)). Both cases follow a 10-day notice to quit, and the label decides what the petition says about the respondent’s interest and relationship (RPAPL 713, 741(2)).
The tenant on my lease moved out, but a roommate is still living there. What now?
If the tenant who allowed the roommate to stay is no longer entitled to possession, that is a ground for a case under RPAPL 713(7)(c), after a 10-day notice to quit; tell us whether the lease has ended. Without the landlord’s express written permission, an occupant doesn’t acquire a right to continued occupancy when the tenant vacates (RPL 235-f(6)). If the person has paid you or you agreed they could stay, tell us too, because that can change which case applies, and the label can also decide whether Good Cause Eviction reaches the person (RPL 211(4)).
Does Good Cause Eviction apply to a family member, a roommate, or a squatter?
It depends on whether the person is a “tenant” as the law defines the word, and a person who is a tenant in fact is protected in a covered home (RPL 211(4); RPL 216(1)). See the Good Cause section above.
The person says they have a lease, paid rent, or own part of the property. Does that change anything?
It can. The petition has to state the respondent’s interest in the premises and relationship to the petitioner (RPAPL 741(2)). A tenant is a nonpayment case or a holdover case, not this one. In a covered home, a tenant can be protected by Good Cause Eviction (RPL 216(1)). If the person says they own part of the property, some situations need a different kind of court case. Tell us what the person has said and shown.
This page gives general information, not legal advice about your case. We represent you only after our attorney accepts your case and confirms it in writing. See our disclaimer.
Tell us who is in the property
Send us an email with the property’s address, the owner’s name, and the names of everyone living there, and have ready what you know about how each person came to stay. For a rental in the City of Albany, have its current Residential Occupancy Permit or Certificate of Occupancy ready too. If our attorney accepts your case, we prepare the notice or petition that comes next.
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