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  1. #1
    glankrudolph is offline Junior Member
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    squatter's rights in New York?

    What is the name of your state (only U.S. law)? New York

    We have a question about squatter's rights, specifically in Queens, New York.

    My wife and I live in California, but my wife works quite a bit in New York, and has been living in a 2-bedroom apartment in Queens off and on for 14 months. She found the apartment herself, paid the 1st / last months rent, and asked a friend if she would like to move into one of the bedrooms. She said yes, and has been living there for 13 months.

    Unfortunately neither my wife or the roommate signed a lease with the landlord.

    Now, my wife and I are planning to relocate from California to New York and move into the apartment. But the roommate is now refusing to leave.

    Hence, what squatter's rights does she have?

    What rights do we have?

    If we contact the landlord and sign a lease (just my wife and I), can we legally get the roommate to leave?

    Thanks for the advice.

    glankrudolphWhat is the name of your state (only U.S. law)?
  2. #2
    FarmerJ is online now Senior Member
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    To whom did the other party living with your wife pay rent to ? the LL or your wife ?
  3. #3
    tranquility is offline Senior Member
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    While the roommate may have rights under standard landlord/tenant laws, "squatter's rights" are irrelevant in your facts.
  4. #4
    BL
    BL is offline Senior Member
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    [url]http://www.oag.state.ny.us/realestate/tenants_rights_guide.html[/url]

    Month to Month - tenancy

    If rent is paid to your wife - She gives proper notice to move . If the roommate doesn't move , on to eviction court .

    If rent is paid to the owner/Agent/Landlord , He/She would need to evict giving the same notice , and procedure .

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