Squatters' Rights in New York
New York rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A squatter is not a tenant. The law defines a squatter as someone who enters or intrudes on real property without permission of the person entitled to possession and keeps occupying it without title, right, or permission. RPAPL § 711 (opening paragraph); RPAPL § 713(3), (10); RPAPL § 768(1)(a)
The rules in New York
| Squatters / unauthorized occupants | A squatter is not a tenant. The law defines a squatter as someone who enters or intrudes on real property without permission of the person entitled to possession and keeps occupying it without title, right, or permission. The owner removes a squatter through a summary proceeding in court ('no landlord-tenant relationship'), served with a 10-day notice to quit. If the occupant entered or stays by force or unlawful means, no notice to quit is needed when the statutory conditions are met. The unlawful-eviction protections of RPAPL § 768 cover occupants who have lawfully occupied a unit for 30+ consecutive days or who have a lease. If § 711 and § 713(3) conflict on squatters, § 713 controls. § 713: https://www.nysenate.gov/legislation/laws/RPA/713; § 768: https://www.nysenate.gov/legislation/laws/RPA/768. The squatter language comes from 2024 amendments (exact chapter and effective date not confirmed). |
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Related questions
New York vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| New York | A squatter is not a tenant. The law defines a squatter as someone who enters or intrudes on real property without permission of the person entitled to possession and keeps occupying it without title, right, or permission. The owner removes a squatter through a summary proceeding in court ('no landlord-tenant relationship'), served with a 10-day notice to quit. If the occupant entered or stays by force or unlawful means, no notice to quit is needed when the statutory conditions are met. The unlawful-eviction protections of RPAPL § 768 cover occupants who have lawfully occupied a unit for 30+ consecutive days or who have a lease. RPAPL § 711 (opening paragraph); RPAPL § 713(3), (10); RPAPL § 768(1)(a) | Not verified yet |
| Connecticut | No separate squatter-removal statute. An owner removes someone who never had a right or privilege to occupy the premises through the regular eviction (summary process) route: a written notice to quit served by a proper officer at least 3 days before the quit date, then a summary process action. The occupant can be named as 'John Doe' or 'Jane Doe' if their name is unknown. After judgment, a state marshal carries out the eviction. Anyone who stays after the marshal's eviction time and refuses to leave when directed may be arrested for first-degree criminal trespass (§ 53a-107). Conn. Gen. Stat. §§ 47a-23(a)(2), (b), (c); 47a-42(a)-(b) | Abandoned unit (occupants left without notice and do not intend to return): the landlord may send notice to each occupant's last-known address by both regular mail and certified mail, return receipt requested. The notice must say the landlord (1) believes the unit is abandoned, (2) will re-enter unless the occupant makes contact within 10 days of receiving it, (3) will otherwise remove the belongings and re-rent, and (4) will dispose of anything not reclaimed within 30 days after the notice. It must be in clear, simple language and give the landlord's phone number and mailing address. The landlord must inventory the belongings, remove them, and keep them at least 30 days, then may dispose of them. After an eviction judgment: the state marshal delivers removed belongings to storage designated by the town. If they are not reclaimed and the storage costs are not paid within 15 days, the town sells them at public auction after one week's posted notice. The net proceeds go to the tenant if claimed within 30 days. A deceased sole occupant's belongings follow a separate 60-day probate-court affidavit and inventory process. Conn. Gen. Stat. §§ 47a-11b; 47a-42(c); 47a-11d |
| Massachusetts | No special squatter or affidavit statute. The owner recovers possession through a summary process (eviction) case in court. G.L. c. 239, § 1 allows it against anyone who made a forcible entry, or who entered peaceably but holds possession unlawfully by force, among other grounds. Removal is carried out by an officer serving the execution. Removed property must be stored under c. 239, § 4. G.L. c. 239, §§ 1, 4 | After an eviction, an officer who removes the occupant's belongings must store them right away with a licensed, bonded public warehouse within 20 miles, or with a facility the occupant chose in writing. The officer files a receipt describing the goods with the court and gives the occupant a copy. The landlord pays the moving cost, which it can recover from the tenant. Within 7 days the warehouse must issue a receipt explaining reclaim procedures and rates. Storage fees are capped at filed rates, with no add-on fees. The tenant may make one free visit to inspect or take personal or sentimental items. The warehouse may sell only after 6 months; the tenant can delay the sale 3 months by paying half the fees. For a domestic-violence early termination (c. 186, § 24), items left behind are treated as abandoned unless the tenant gives written instructions. G.L. c. 239, § 4; c. 186, § 24(d) |
| New Jersey | Not verified yet | A landlord may dispose of property a tenant left behind only if the landlord reasonably believes the tenant left it with no intent to claim it, and either a warrant for removal has been executed and possession returned, or the tenant gave written notice of voluntarily giving up possession. The landlord must first send written notice by certified mail (return receipt requested) or first-class mail with a certificate of mailing, to the tenant's last known address (which may be the unit) and any other known address, in an envelope marked 'Please Forward'. The notice must say the property is considered abandoned and must be removed by a stated date at least 30 days after delivery or 33 days after mailing, whichever comes first (75/78 days for manufactured or mobile homes); that otherwise the landlord may sell it, or destroy it if its value would not cover storage and sale costs; and that a residential tenant who claims it in time can take it without paying unpaid rent. The landlord must store the property with reasonable care and may charge reasonable storage costs, but may promptly discard perishable food and must let animal control or a humane society take abandoned pets. If the tenant says (in writing or orally) they will collect it but does not do so by the deadline or within 15 days after a written response, whichever is later, or does not respond at all, the property is conclusively abandoned. A sale must follow the UCC (12A:9-601 et seq.). N.J.S.A. 2A:18-72 to 2A:18-84 (esp. 2A:18-72, -73, -74, -75, -76, -78) |
| Pennsylvania | Since 2024, the Landlord and Tenant Act (including its notice-to-quit and eviction procedure) does not apply to a person who is not, and never has been, a tenant. A 'tenant' is defined as someone occupying another's premises with the owner's express or implied consent (e.g., oral or written lease or acceptance of rent by the owner/agent). So an owner is not required to use the landlord-tenant eviction process against an occupant who was never a tenant; the Act itself does not set out an alternative police-removal or affidavit procedure. 68 P.S. 250.102 ('Tenant'), 250.501(g), 250.603 (Act of July 17, 2024, P.L.944, No.88) | Property may be deemed abandoned if the tenant vacated after a written lease ended; an eviction/possession order was entered and the tenant vacated and removed substantially all property; an eviction order was executed; the tenant gave a forwarding address and vacated; or the tenant vacated without intent to return, rent is 15+ days late, and the landlord posted notice of the tenant's rights. Before removing or disposing, the landlord must send written notice by first-class mail to the premises and any forwarding/emergency address, substantially in the statutory form. The tenant has 10 days from the postmark to retrieve the property or ask that it be stored up to 30 days from the notice date (tenant pays storage; landlord must use ordinary care). If the landlord knows of a protection-from-abuse order, it must hold the property 30 days. Never dispose of property in inhabited premises. Violations: treble damages and attorney fees. Deceased tenants' property goes through probate law instead. 68 P.S. 250.505a (Landlord and Tenant Act s. 505.1) |
| Vermont | No police-removal or affidavit procedure. The owner must use the court ejectment process. A landlord, landlord's agent, or tenant may file (with or after the complaint) a motion for immediate possession against an occupant who has no right or permission to be in the unit where the written lease bars subleasing, supported by an affidavit of specific facts and a copy of the lease. The court holds a hearing after 10 days' notice; if the occupant has no right or permission, it must enter judgment for immediate possession, and the sheriff may restore possession no sooner than 5 days after serving the writ. 12 V.S.A. § 4853b | A unit is abandoned if a reasonable person would believe it is no longer occupied full-time, rent is not current, and the landlord has made reasonable efforts to learn the tenant's intentions. For unclaimed property (other than trash) after abandonment, the landlord must store it in a safe, dry, secured place and mail written notice to the tenant's last known address that it will be disposed of after 60 days unless claimed. The tenant claims it by giving a reasonable written description and paying reasonable storage and related costs within 60 days; otherwise it becomes the landlord's property. Property left after the tenant gave actual notice of vacating, or moved out at the end of the rental agreement, may be disposed of without notice or liability. 9 V.S.A. § 4462 |
City rules that may add to state law
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Squatters' Rights in New York FAQ
How do you remove a squatter in New York?
A squatter is not a tenant. The law defines a squatter as someone who enters or intrudes on real property without permission of the person entitled to possession and keeps occupying it without title, right, or permission. The owner removes a squatter through a summary proceeding in court ('no landlord-tenant relationship'), served with a 10-day notice to quit. If the occupant entered or stays by force or unlawful means, no notice to quit is needed when the statutory conditions are met. The unlawful-eviction protections of RPAPL § 768 cover occupants who have lawfully occupied a unit for 30+ consecutive days or who have a lease. (RPAPL § 711 (opening paragraph); RPAPL § 713(3), (10); RPAPL § 768(1)(a))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.