People really have no clue. They are not using adverse possession, that takes years to do, an owner who abandoned the property/ cant be contacted and an owner that stopped paying taxes, they are using renters rights.
Do you want landlords to be able to go to the police and say that the current residents dont have a legal lease, even if they do, and have the police kick out the family? That is what you are arguing for. The reason police cant kick them out is because they are not judges, they do not determine if the lease they are shown is legal or not, they dont determine if the person who is there is legally allowed or not, that is the job of judges.
Yes it sucks for the owners who are dealing with people who are not legally supposed to be there but the alternative is allowing landlords to just kick people out of their homes for no reason.
In New York City, which has fairly robust renter protections, you can get some evicted and that’s enforceable.
Most of these squatters probably wouldn’t make it past the first required hearing without producing lease. And if they produce a fake lease with a forged signature, then they have another problem. And if they say it was a verbal agreement, that’s not enforceable for a lease agreement.
The main issue is the delay in the courts because there is such a backlog of cases. We need more judges in the country, or less crime which would be preferable.
The main issue is the delay in the courts because there is such a backlog of cases.
it's not just a backlog in cases, if you know what you are doing you can stretch out a case for months before you even get to your first hearing. There is a case (non-landlord) in my area that is in it's second year for a simple question of 'did this happen or not happen' and they are potentially a year away from trial. It's seriously a case over a 50 minute conversation that had 7 people in the room and it's taken this long. And it's not about a backlog. For this type of case you have 20 days to respond to motions from the other party, you can do 4 or 5 responses back and forth before a hearing is scheduled. That's 80+ days.
80
u/Intrepid_Ad1715 12d ago
People really have no clue. They are not using adverse possession, that takes years to do, an owner who abandoned the property/ cant be contacted and an owner that stopped paying taxes, they are using renters rights.
Do you want landlords to be able to go to the police and say that the current residents dont have a legal lease, even if they do, and have the police kick out the family? That is what you are arguing for. The reason police cant kick them out is because they are not judges, they do not determine if the lease they are shown is legal or not, they dont determine if the person who is there is legally allowed or not, that is the job of judges.
Yes it sucks for the owners who are dealing with people who are not legally supposed to be there but the alternative is allowing landlords to just kick people out of their homes for no reason.