Landlord Can Evict Squatters

March 1, 2004

LVT Number: 17146

Landlord sued to evict apartment occupants after tenants moved out. Landlord claimed that they were squatters. The court ruled against landlord, finding that occupants weren't squatters. Landlord appealed and won. Landlord showed that tenants and their three children moved out in October 1997. One of the occupants claimed that she had lived in the apartment continuously since 1994. But she got married in 1997, and her husband lived elsewhere. So her claim wasn't believable.

Landlord sued to evict apartment occupants after tenants moved out. Landlord claimed that they were squatters. The court ruled against landlord, finding that occupants weren't squatters. Landlord appealed and won. Landlord showed that tenants and their three children moved out in October 1997. One of the occupants claimed that she had lived in the apartment continuously since 1994. But she got married in 1997, and her husband lived elsewhere. So her claim wasn't believable. Landlord proved that occupants broke into the apartment six days after tenants moved out and remained there as squatters. The court granted landlord a judgment of possession.

Shahid v. Rosado: NYLJ, 2/13/04, p. 28, col. 6 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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