Not Everyone Is Legally a "Tenant"
A property owner who chooses to proceed under the wrong eviction theory can be in for an expensive and time-consuming lesson on how New York classifies the people they want to remove. While the word “tenant” is generally used, not everyone may qualify as one.
When Rent Is Paid, It Matters
If you give someone the right to live in your property in exchange for rent money, that makes them a tenant. Other, less common situations make it critically important to proceed under the correct legal theory.
Tenants pay. But what about those who are allowed to live somewhere for free? Or those who move in with a paying tenant? Or squatters who move into a property without permission?
What Kind of Notice Is Required?
New York eviction cases begin with a “predicate notice” to let the occupant know that you are seeking their removal. Typically, this is a 14-day rent demand, 30-,60-, or 90-Day nonrenewal notice, or a termination notice given under the terms of the lease. People who live rent-free, with permission, are known as licensees. Their license can be revoked with a 10-day notice, as can the occupation of squatters.
These classifications can change based on a landlord’s actions. Accepting rent money from a licensee or squatter may allow them to claim tenant status. The name on a check or electronic payment could result in reclassification as a tenant and invalidate the court case.
Not Every Landlord Has the Legal Right to Evict
In some cases, the legal tenant must initiate their own eviction proceeding against an unwanted occupant. The landlord of the property may not be the proper party to serve notices or file an eviction case, as there may be no legal relationship between the occupant and the landlord.
The landlord may learn of these claims only after going to court and possibly having their case dismissed. Since each occupant classification falls under a different statute, courts are often unwilling to allow a change in legal theory mid-case for removal. Furthermore, some properties, like manufactured home parks, are governed by specialized statutes that override general eviction laws.
New York recently changed a provision of state law to eliminate the ability of certain squatters to gain tenancy rights simply by occupying a property. Of course, as a practical matter, landlords have great difficulty getting reluctant police agencies to remove trespassing squatters. The new law leaves the old squatter proceeding in place suggesting that the new law may not have significantly changed the legal landscape.
Get the Classification Right from the Start
Every detail of the occupant’s relationship with the landlord should be reviewed to ensure the correct notices, legal proceeding, and outcome in court.
If you are a landlord or property owner seeking legal assistance with a residential or commercial eviction or dispute, we welcome you to connect with our Landlord Services team for a free initial consultation. MCV Law’s landlord lawyers are happy to help you navigate the complex legal processes necessary to evict a tenant.