What happens if someone is squatting in the property before it’s sold and how can we get them removed?

Short answer: In New York, unauthorized occupants are typically removed through court processes — not by self-help. Depending on whether the person is a true tenant, an occasional occupant, or a squatter claiming ownership, you will use different legal tools: a summary eviction (holdover) or an ejectment action, and in some cases criminal trespass procedures. Do not change locks or use force; that can expose you to civil and criminal liability.

Detailed answer — how removal works under New York law

1. Identify the occupant’s legal status

Before taking steps, find out whether the person is:

• A legitimate tenant with a written or verbal lease;
• An invited guest who refuses to leave (often a civil matter but may permit quicker remedies); or
• A squatter — an unauthorized occupant with no lease who may later try to claim possession or title.

The legal path you follow depends on this status. If they have a lease (even verbal), you normally must follow landlord-tenant notice and summary eviction rules. If they have no legal right, you proceed to recover possession through the courts.

2. Criminal trespass vs. civil removal

You can report criminal trespass to the police if the occupant knowingly entered or remained in your property unlawfully. New York’s Penal Law includes trespass offenses (see Penal Law chapter 140). Police response varies — officers sometimes will not remove occupants when the matter appears primarily civil (possession disputes). Criminal charges may be appropriate when the occupant refuses to leave and their conduct meets the state trespass statute. For general criminal trespass provisions see: N.Y. Penal Law § 140 (trespass).

3. Civil process — summary eviction (holdover) or ejectment

If the occupant lacks a legal tenancy, the property owner (or purchaser with right to possession) must usually file a court action to get possession back. The most common procedures are:

• Summary proceeding (holdover/eviction): If the occupant is a tenant or claiming tenant-like rights, file a summary proceeding in the local housing or civil court under New York’s Real Property Actions and Proceedings Law (RPAPL). Summary proceedings are designed to recover possession and are usually faster than a regular civil action. See RPAPL (summary proceedings): Real Property Actions & Proceedings Law (RPAPL) — summary procedures.
• Ejectment or plenary action to recover possession: If the occupant is a trespasser or a squatter who is not a tenant, an ejectment action or other plenary action may be appropriate to clear title and recover possession. This is a more traditional civil suit to establish your right to possession.

4. Procedure after filing

Typical steps after you file:

1. The court serves the occupant with papers and sets a hearing or trial date.
2. If you obtain a judgment for possession, the court issues a warrant of eviction.
3. The sheriff or marshal executes the warrant and physically removes the occupant if they still refuse to leave.

Only law enforcement or a court-authorized officer can legally remove occupants without exposing the property owner to legal risk.

5. Timeline and enforcement

Summary proceedings can take a few weeks to months depending on local court calendars, whether the occupant contests, and procedural issues. Once you obtain a warrant of eviction, the sheriff’s office schedules the physical eviction — that scheduling can add days or weeks.

6. Adverse possession and long-term squatters

In New York a person can potentially obtain title through adverse possession if they possess land in a way that is continuous, open, hostile, and exclusive for the statutory period. Adverse possession claims require many years of possession and strict legal elements; short-term squatting is not enough. If a long-term adverse possession risk exists, consult an attorney promptly to preserve your title. For adverse possession rules see the RPAPL provisions and case law (consult counsel for specifics): RPAPL — adverse possession statutes and related provisions.

7. What about a sale in progress?

If you are selling a property and someone is occupying it before closing, a buyer will likely delay closing or require the seller to remove occupants first. A sale contract can include seller obligations to deliver possession at closing. If the buyer completes a foreclosure or tax-sale purchase, the purchaser’s remedies to remove occupants are similar (court-ordered eviction or ejectment). If you are the seller, coordinate with your closing attorney and the buyer to make sure possession is cleared before or at closing.

8. Avoid self-help and illegal measures

Never change locks, shut off utilities, remove belongings, or use force to remove occupants without a court order. Those actions can lead to civil liability, criminal charges, and create delays in getting possession back. Always use court-authorized removal steps.

Practical steps to take right now

1. Document everything: photos, dates, communications, any evidence the occupant uses the property (mail, utilities, etc.).
2. Check recorded title and recent deeds to confirm ownership.
3. Ask the occupant for proof of tenancy in writing. If they have none, do not let them stay because they asked.
4. Contact local police to report trespass if the situation involves threats, vandalism, or criminal conduct. Be prepared that police may decline to remove occupants absent a court order.
5. Serve a written demand to vacate (save a copy). For tenants, comply with statutory notice requirements before filing a summary proceeding.
6. File the appropriate court action — summary eviction, ejectment, or plenary action — in the county where the property is located.
7. Obtain a judgment and request a warrant of eviction; coordinate with the sheriff for enforcement.
8. Consider hiring a real estate attorney experienced in unlawful occupant and eviction matters to guide filings and court appearances.

Helpful Hints

• Keep all communications in writing so you have a record.
• Don’t rely on the police to complete evictions for civil possession disputes; the courts usually handle those.
• If you are selling, include clear contract terms about possession at closing and remedies if the seller cannot deliver vacant possession.
• Check if the occupant claims a tenancy; even a verbal arrangement can create tenant rights in some situations.
• Preserve evidence of entry and occupancy dates in case adverse possession becomes an issue later.
• Expect timelines: even expedited summary proceedings often take weeks; plan closings and sales accordingly.
• Consider a local attorney — eviction rules, forms, and court practices vary by county and court.

Where to read the law

Useful official resources:

• Real Property Actions and Proceedings Law (RPAPL) — summary proceedings and possession actions: https://www.nysenate.gov/legislation/laws/RPAPL
• New York Penal Law — trespass provisions (chapter 140): https://www.nysenate.gov/legislation/laws/PEN/140
• N.Y. State Unified Court System — court locations and landlord/tenant information: https://www.nycourts.gov

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. The law changes and local court procedures vary. For advice tailored to your situation, consult a qualified New York attorney or your local court.