The Rise of “Squatters Rights”

Recent headlines about squatters’ rights have raised alarm among homeowners, especially in New York. What are squatters’ rights, why are they a growing concern, and how do they work in these states? Let’s break it down.

WHAT ARE SQUATTERS’ RIGHTS?

Squatters’ rights often come from adverse possession, where someone occupying your property without permission might claim ownership after years of open, continuous use. A squatter lives in a home without the owner’s consent, unlike a trespasser who just passes through. But other situations—like tenants refusing to leave or occupants claiming rights—can mimic these issues, complicating evictions.

NEW YORK

In New York, especially NYC, squatters gained attention due to laws granting tenant-like protections after 30 days of occupancy, even without permission. This forced owners into lengthy court evictions, like a Queens homeowner stuck battling a squatter for two years. A 2025 budget amendment clarified that squatters (those without lawful permission) aren’t tenants, allowing faster police action in some cases. For adverse possession, a squatter needs 10 years of open occupation and tax payments. Tenants who stop paying rent or holdover occupants (like a guest claiming rights) can also invoke similar protections, delaying evictions through housing court. Family members or ex-partners living in your property might claim occupancy rights, too. Contact our real estate firm for proper eviction steps.

NEW JERSEY

New Jersey requires 60 years for adverse possession, with a “reasonable belief” of ownership. Tenants or holdover occupants face strict eviction laws, but delays can occur if they claim tenant status. Consult our firm to act swiftly and legally.

FLORIDA

Florida’s adverse possession requires 7 years of open occupation and tax payments. The recent 2024 laws (HB 621) allow police to remove squatters immediately if they lack a lease, making Florida tougher on squatters than New York. Tenant or holdover disputes still need court evictions.

CONNECTICUT

Connecticut demands 15 years for adverse possession. Evictions for tenants or unauthorized occupants follow legal processes, but protections don’t kick in as fast as in New York. Contact our attorneys for guidance.

WHY THE CONCERN?

NYC’s low 1.4% vacancy rate (2023) and high-profile squatter cases fuel worries. Social media, like a 2024 TikTok promoting squatting, adds to the buzz. Owners must act fast with inspections, locks, or signs to protect properties.

Safeguard Your Home with Confidence. Squatters, bad tenants, or holdover occupants can complicate homeownership. At Marano Law, our skilled team guides you through these challenges. Contact us today.

Disclaimer: This post is for informational purposes only and is not legal or tax advice. Consult our qualified attorneys or a tax professional for your specific needs.

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