Squatter Not Entitled to 30-Day Termination Notice

January 1, 2009

LVT Number: #20939

Landlord bought a building in a foreclosure sale. Shortly thereafter, he sued to evict a squatter from the building after serving a 10-day notice to quit. Squatter claimed that she was a tenant. She asked the court to dismiss the case because landlord failed to give her a 30-day termination notice before starting the eviction case. Landlord argued that he had no knowledge that the squatter lived in the building when he bought it. The court ruled for landlord. The squatter presented no proof of any landlord-tenant relationship with landlord or any prior landlord.

Landlord bought a building in a foreclosure sale. Shortly thereafter, he sued to evict a squatter from the building after serving a 10-day notice to quit. Squatter claimed that she was a tenant. She asked the court to dismiss the case because landlord failed to give her a 30-day termination notice before starting the eviction case. Landlord argued that he had no knowledge that the squatter lived in the building when he bought it. The court ruled for landlord. The squatter presented no proof of any landlord-tenant relationship with landlord or any prior landlord. Therefore, she wasn't entitled to a 30-day notice, and landlord could go forward with the eviction proceeding.

Morel v. Sainval: NYLJ, 12/23/08, p. 29, col. 1 (Sup. Ct. Nassau; Fairgrieve, J)

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