QUESTION

I have a friend that I let stay with me in my apt! They have over stayed their welcome and will not leave! They are holding my keys and all!

Asked on Mar 17th, 2017 on Landlord and Tenant Law - New York
More details to this question:
They claim they have squatters rights and threatened to call police!
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
Your friend does not have "squatters rights".  Assuming this was just a short stay, have your friend served with a 10-day "notice to quit" by someone over the age of 18 (best to use a licensed process server) and if they don't leave after 10 days you can start a holdover eviction proceeding in court. If this person lived there a long time, even if they're not a spouse or tenant, they may have some rights. Resist the temptation to change the locks and leave their stuff outside the door. You could be the one defending a wrongful lock-out proceeding, and you don't want to do that. If you are afraid of this person, you may be able to get a restraining order in Family Court or Criminal Court, and have them barred from your house faster. 
Answered on Mar 17th, 2017 at 6:42 PM

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