A New York City couple’s plan to move into a $2 million dream home to retire in with their disabled son has become a “nightmare” as they battle a squatter who claims he had an agreement with the previous owner.
Susana and Joseph Landa, both 68, purchased the home next to family members in the quiet New York City residential neighborhood of Douglaston, Queens, in October 2023, ABC 7 reported.
Close to relatives, the location was perfect for their son Alex, who has Down syndrome and could be easily looked after if something was ever to happen to the couple.
“I just want to know that I can die tomorrow and he’s next to his brother,” Susana Landa told the outlet Wednesday.
The couple, however, has yet to move into the multimillion-dollar home four months after signing the deed as they try to get rid of squatter Brett Flores.
“It has become a nightmare, a total nightmare,” Joseph Landa told the outlet Wednesday.
Flores, 32, was hired on a $3,000-a-week salary by the former homeowner as his caretaker until the man died in January 2023, court documents obtained by the outlet show.
The squatter claims to have a “license” from the dead former owner to stay in the house.
“We couldn’t believe it, we could not believe it,” Susana said.
Flores has also been living in the home since the former owner died, which has caused a major headache while they try to get him out.
It is “unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer,” according to New York squatters’ rights.
The homeowners gave Flores a 10-day notice to leave and then tried to enter the property alongside an insurance inspector, but he called the cops on them.
Even though the Landas never had an agreement with Flores as a tenant, police could not evict the squatter.
“If you have no lease and you’re not paying rent, what is your right?” Joseph said.Â
What you need to know about squatters in New York:
What are squatter’s rights in New York?
Squatters in New York state can claim a legal right to remain on a property without the owner’s permission after 10 years of living there. However, in New York City, a person only needs to be on the property for 30 days to claim squatter’s rights.
Why is it so hard to get rid of a squatter?
Squatters are allowed a wide range of rights once they have established legal occupancy, making it difficult to evict them.
How does someone become a squatter?
Some of the scenarios in which a person becomes a squatter include: a tenant refusing to pay rent, a relative of a former owner refusing to leave the property or even a stranger who entered the property and never left.
According to Manhattan-based law firm Nadel & Ciarlo, squatters must have a reasonable basis for claiming the property belongs to them and must treat the home as if they were an owner — such as doing yard work or making repairs.
How can a property owner get rid of a squatter?
A property owner must first send a 10-day eviction notice and then file a court complaint if the order is ignored. If approved by a judge, the owner can get a summons and have a sheriff evict the squatter.
Why does the law provide squatters with rights?
The law was designed to help prevent long-term tenants from getting evicted. New York City’s law was partially made in response to vacant and abandoned buildings that were becoming a blight on the city.
How can property owners protect themselves from squatters?
Owners should avoid keeping any properties vacant for an extended period of time. They should also make sure the building is secure, has adequate lighting and has surveillance cameras installed.
If a squatter does appear, owners should notify the police quickly before squatter’s rights are established.
Flores has also listed rooms for rent at the property for other people.
An online listing shows Flores advertising “The Prince Room” for $50 a night to males, females, couples, families, or students looking for a place to stay at the couple’s home.
The Landas have also been left footing all the bills for the property, including thousands of dollars in utilities.
Susana Landa claims Flores has been “leaving windows open 24 hours,” which has racked up a hefty heating bill.
“It’s very crazy, our system is broken,” Susana said. “I never would imagine we have no rights, no rights at all, nothing, zero.”
The couple has had five hearings in civil court since they bought the home, but the process keeps getting held up by Flores’ antics.
He showed up for court without an attorney on Jan. 9, 2024, preventing any legal proceedings.
Most recently, he filed for bankruptcy, which automatically allowed him to stay in the home.
“When a residential tenant files a bankruptcy petition, an automatic stay prevents the landlord from bringing or continuing a case to obtain possession and from enforcing a judgment obtained before the commencement of the bankruptcy case,” according to New York City law.
The purpose is to allow “the debtor a breathing spell from his creditors.”
“It makes me feel completely forgotten in this legal system, unfair, and not able to do anything,” Joseph Landa told the outlet.
The couple are taking Flores to landlord-tenant court in hopes of getting him evicted, but the court hearing is not until April.
