Q: Would people who were invited by the owner to live on a property, but don't pay rent or have a lease be squatters?
So the house that the "tenants" in, is on the same property/lot as the property owners house.
The "tenants" were invited to live there, by the owner in exchange for a service.
The terms of the service were a verbal agreement by both parties.
The "tenants" broke the agreement.
Now the "tenants" live there rent free, don't pay taxes, and there is no lease. And they have been living there for just over a year now.
What would they be called? Squatters? Or tenants? Or something else?
Would squatters right be involved?
Do they have a legal claim to stay living there?
What legal actions can the owner take to evict them?
Because the "tenants" are causing trouble and harassing the owner.
A:
Dear Batavia Home Owner:
You brought them in, so they had permission. A tenancy cannot diminish into a squatter. If they have been there for more than one year and you claim you rented to them, the preliminary written notice to your tenants is the notification required by New York Real Property Law Section 226-C.
Your 'words' or thoughts trap you into dealing with having tenants on the property. But if you give yourself time to discuss with an attorney you may discover they are employees and not tenants. If your lawyer figures that out for you, then no landlord and tenant relationship ever came about, they are employees, and you would have the right to go to court to evict them as provided in New York State Real Property Actions and Proceedings Law Section 713 [https://www.nysenate.gov/legislation/laws/RPA/713].
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
