What are your rights when living in an illegal space?

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You know, doing the whole artist loft studio/apartment thing. The property owners have always been hands-off, but now I'm afraid they might have reason to start snooping around, find out. I know I might eventually have to move, but do they have to give me notice? How much? Are there any other potential consequences?

― log-ged out, Monday, 16 May 2005 13:05 (twenty-one years ago)

What country?

― beanz (beanz), Monday, 16 May 2005 13:09 (twenty-one years ago)

I think in the UK you have to live somewhere for 12 years before you get 'squatters rights', but I'm not entirely sure about that. I think the law may have been changed.

― C J (C J), Monday, 16 May 2005 13:10 (twenty-one years ago)

do you have a lease on the place as work space? if you do, and you get caught living there then you're breaking the terms of your lease and out you go.

― lauren (laurenp), Monday, 16 May 2005 13:14 (twenty-one years ago)

http://www.propertylawuk.net/adversepossessionsquatters.html

― Jarlr'mai (jarlrmai), Monday, 16 May 2005 14:33 (twenty-one years ago)

I'd guess you have the right to have your personal property given back to you and the right not to be physically harmed or threatened. That's about it.

― diedre mousedropping and a quarter (Dave225), Monday, 16 May 2005 14:56 (twenty-one years ago)

The new Fortean Times has some articles about secret living spaces... this guy lived in a Toys-R-Us for a long time, eating baby food and riding a bike at night for excercise. Think about it.

― andy --, Monday, 16 May 2005 17:12 (twenty-one years ago)

In New York, if you're totally in the wrong, i.e. living in a commercial space, it still takes a looong time before marshals actually show up at your door and force you out. Several months, at least. So if you don't care about the reference from your landlord (and you live in New York) you can hang on for awhile until you find something else, even if he's screaming bloody murder on the phone. Tenants' rights in New York are still pretty dang good.

― Tracer Hand (tracerhand), Monday, 16 May 2005 18:45 (twenty-one years ago)

eating baby food and riding a bike at night for excercise.

ha i read 'exercise' as 'excuse'

― Aaron A., Monday, 16 May 2005 20:35 (twenty-one years ago)

I'm in the USA, but not NYC. I know I am in the wrong -- living in a commercial space where I'm only supposed to have a studio. I'm also subletting, but the sublet itself is legal and the person I'm subletting from also lives here.

I know I may eventually get kicked out -- my question is whether I get notice or whether they can just show up and throw me out.

― loggeredout, Tuesday, 17 May 2005 02:06 (twenty-one years ago)

It depends on the state... Most states have done away with "self remedy" for squatters in favor of an expedited eviction process. It could still take a while though and you should definitely get at least some notice. So is the problem that you have a lease but you're not using it as a commercial studio? If the landlords have been accepting rent on this for a while, you might have some rights. Maybe talk to an attorney if things start looking worse (instead of a law student who just finished a semester of Property Law like myself).

― Aaron W (Aaron W), Tuesday, 17 May 2005 03:20 (twenty-one years ago)

Yes, that's about right -- the lease is commercial, and its being used for both a studio AND residential. The guy who actually holds the lease (who also has a studio AND lives here) from the owner has been here paying rent for six years. We're his subletters. The company had no problem in the past with subletters (except once when the guy was dumb enough to pass out drunk on the roof).

― loggeredout, Tuesday, 17 May 2005 03:28 (twenty-one years ago)

Yeah that's much different than flat-out squatting. The guy who holds the lease has basically been breaking one of the terms of the lease (I'm assuming) that the property is to be used for commercial not residential use. Best case scenario is you guys keep paying your rent and the landlord keeps looking the other way. But if they were to try to evict you - and you _should_ get notice - than the fact that he's been living there for six years and has had a number of subleasors helps you out a lot. You might want to get him to look at the lease.

― Aaron W (Aaron W), Tuesday, 17 May 2005 03:38 (twenty-one years ago)

You have to tell us what state you are in because laws vary by state. I can tell you about CA. They can file an unlawful detainer, but you can drag that out for like 6 months, because of the requirements for proper service, notice etc. By the time you show up in a court docket for an eviction, you will have found another place. I used to be an apt. manager, and I know these things. Can I have some drugs or money now?

― Orbit (Orbit), Tuesday, 17 May 2005 04:15 (twenty-one years ago)

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