Suffolk Landlord Lawyer
How to Deal with Squatters on Your Property
The process of removing a squatter from your property can be tricky. Don’t trust just anyone to represent you in these matters. Contact Flowers Law Group, a Suffolk Landlord Lawyer, to begin the process today!
Adverse Possession, what is it?
Adverse Possession aka Squatter Rights is a legal term for occupying someone else’s property. A squatter must live on the property openly and without permission for at least 10 continuous years to claim adverse possession in New York. However, in New York, the laws differ. A squatter is granted adverse possession after just 30 days of unwelcome occupancy! Once the adverse possession period (whether 30 days or 10 years) has passed, the owner must go through the legal eviction process to remove the squatter. This is a lengthy and expensive process! And until it is completed, they have the legal right to continue living there.
How can you protect yourself?
- Ensure any tenant less properties are locked up and well-secured.
- If you have a vacant property, check it frequently – especially if you are in New York City! If you’re an absentee landlord, hire a property manager or seek out a family member/friend in the area to check on your behalf.
- Know your local laws
- Contact a Suffolk Landlord Lawyer to receive fair and honest representation.
- Contact authorities
If you discover a squatter, it is important to immediately contact police. Timing is crucial, and the longer they stay there the more difficult it may be to evict. If the police find this to be a civil matter, then your next step is to begin the legal eviction process.
- Serve the proper forms that you have obtained
To file an eviction notice, there are 3 things you will need. They include:
- a Notice of Petition
- a Petition to Recover Possession of Real Property
- an Affidavit of Service
The Notice of Petition informs the tenant that the case has been filed along with the court date and location that has been set. The Petition to Recover Possession will explain the reason for this case being initially filed. The Affidavit of Service indicates how the squatter has been served (mail or hand delivery). Take the completed forms to court to file within 3 days of serving initial notice. If they still haven’t left after being served, you will have to attend court hearings.
- If they still won’t leave, contact the sheriff.
If you’ve won your lawsuit and they still will not vacate the property, contact a sheriff or police officer to remove them.
Suffolk Landlord Lawyer
If you are a landlord or tenant, in need of representation contact Flowers Law Group, a Suffolk Landlord Lawyer, to explore your options! Dealing with legal matters can be difficult and stressful. Let us walk you through this process every step of the way.
Tenant Law: What I Should Know
If you choose to rent a home, condo, or apartment; you, as the tenant, have legal rights that you should be aware of. These rights help to govern your living unit, the way you use it, and your landlord’s responsibilities. Your tenant rights keep you legally protected, while also maintaining a healthy relationship with your landlord. When it comes to being a good tenant, it’s critical you completely understand these renter rights and how your landlord should uphold them. If you have been in search of a Suffolk Landlord Lawyer, consider contacting Flowers Law Group. Lawrence Flowers is dedicated to bringing clients peace of mind and confirming that your space is livable and conditions are fair.
First, let’s point out that upon applying to rent any unit, you cannot be rejected based on race, religion, sex, age, national origin, family status, or mental or physical disability. The fair National Housing Act backs these rights. If you find that you are rejected based on your credit, the Fair Credit Reporting Act requires that your landlord informs and advises you to curate a written request to receive further information. If you apply to rent and specify that you have a disability, your landlord is required to make reasonable accommodations for you and your condition. Accommodations may include a ramp or placing you on a lower-level unit; major remodeling is not always an option. If your housing unit contains lead paint, your landlord has to alert the renter before they rent out the unit. While this all may seem like a lot to take in at first, there is a Suffolk Landlord Lawyer that can guide you through these first steps!
Habitation and Privacy Rights
As a tenant, one of your most important rights is to a habitable residence. Having a habitable residence means that your home is safe to live in. This includes having fully functioning:
It is your landlord’s responsibility to arrange for necessary repairs to be resolved if needed. An important component to your habitation rights is your privacy rights as well. By law, your landlord is not allowed to enter your unit without prior notice. If you feel as if any of your rights have been violated, contact a Suffolk Landlord Lawyer for their assistance in the process.
Upon renting, you are typically asked to submit a security deposit. A security deposit is to protect the landlord against any damage you may cause. Your landlord is not allowed to impose a variation in prices for deposits without reason unfairly. For example, if you own a pet, they cannot set your security deposit higher. Depending on where you reside, your landlord has a limited amount of time to return your security deposit and, if used, you must be notified what damage(s) you were charged for. If you feel as though you have been wrongfully charged, or just have questions, don’t hesitate to contact a real estate lawyer in Hicksville, NY.
If at any point during your residence, you breach your lease, your landlord has the right to evict you. You could qualify for eviction due to the following reasons:
- Failure to pay your rent
- Have additional residents or pets living with you that are not mentioned under your lease
- Committing a crime on the premises
You, as a tenant, are permitted to post a claim of eviction and have a limited amount of time to pay unpaid dues or resolve whatever you did to breach your lease. If you are unable to resolve the issue, your landlord is permitted to file an eviction, allowing it to follow-thru in court. As the tenant, you are required to be notified of this and be given the opportunity to appear in court. Make sure you are prepared when legal action is taken, contact a Suffolk Landlord Lawyer to have your back.
Be Wise and Seek Help from a Suffolk Landlord Lawyer:
Your lawyer may advise you to take note of some of the following tips to prepare yourself for any problems you may be confronted with as a tenant.
- Take photographs: Upon moving-in take photos of your unit to show the condition of the space initially.
- Consider purchasing renter’s insurance: Insurance helps to protect personal belongings from damage and theft.
- Foster good relations and open communication: Develop healthy relationships with your landlord and be timely upon reporting issues and damage.
To adequately protect your renter’s rights, be sure to put your best foot forward from the beginning and have a strong team on your side. Our attorneys are on hand, evenings and weekends, to offer guidance when you need it most. If you have been in search of a Suffolk Landlord Lawyer do not hesitate to contact Flowers Law Group and schedule a meeting to see how we can get you on track for legal success!