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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Does a Non Rent-Paying Guest Have Rights Vis a Vis the Rent Paying Roommate

    My question involves an eviction in the state of: New York (City)

    A friend of mine currently rents an apartment in New York City. He gave permission to a friend of his to stay with him rent-free but now he won't leave. My friend kindly asked his guest to move out but the guest informed him that he had consulted with an attorney and has "squatter's rights." Is this possible?

    My understanding is that the guest may have adverse possesion (squatters) rights against the owner of the apartment so long as the statutory length of time has taken place (which hasnt happened). The guest doesn't have the owner's permission but he did have my friend's (the renter). What rights does my friend have to kick the guest out of the apartment? Must he give notice? If so, what form must this notice be in? Can he change the locks?

    Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,636

    Default Re: Does a Non Rent-Paying Guest Have Rights Vis a Vis the Rent Paying Roommate

    Your friend let this person stay for how long? Does this person receive mail at the apartment? Contribute toward any bills? Pay for any services, such as cable or Internet?

    The fastest way to find out if "this is something that has to go to court" is often to contact the local police (not by 911, but in person or over a non-emergency line) and ask if they'll remove the person as a trespasser. If so, he's out (although that doesn't necessarily mean you can't be sued if it turns out to be a violation of eviction laws). If they say "it's a civil matter", you have to go to court.

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