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New York City · Squatter removal

How to remove a squatter in New York City: the legal process landlords must follow.

A squatter who has been in a New York City property for 30 days or more has acquired enough occupancy status that NYPD will not remove them without a court order — they are treated as a tenant, not a trespasser. The landlord's only lawful remedy is a Housing Court proceeding. Here is how the process works in 2026 and what courts expect.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

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Frequently Asked Questions

Can NYPD remove a squatter from my NYC property?
NYPD will remove a trespasser if the person entered without permission and has been there fewer than 30 days, and you have evidence of ownership. Once a person has been present for 30 consecutive days, NYPD treats the situation as a civil matter and will not forcibly remove them. At that point, the only lawful remedy is a Housing Court holdover or licensee proceeding.
How long does it take to remove a squatter in NYC?
From serving the predicate notice to Marshal execution of the warrant: 6–12 weeks for an uncontested case, 3–6 months if the occupant contests and the case goes to trial. NYC Housing Court does not expedite squatter cases. The fastest path is often a negotiated settlement where the occupant agrees to leave by a specific date in exchange for a stipulation of settlement.
What if the squatter claims to be a tenant?
If the occupant claims a tenancy relationship — for example, that they paid rent at some point — the court will examine the evidence. Any payment you accepted from the occupant (cash, Venmo, etc.) can create an implied tenancy, which means the case proceeds as a regular holdover with all the associated tenant protections. This is why accepting any payment from an unauthorized occupant is extremely risky.

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