Why can’t squatters like Brett Flores get evicted, and how did it get to this point

A former live-in Queens handyman has refused to leave the $2 million home where he once worked for several years, leaving the rightful property owners out in the cold — and it’s totally legal.

In Georgia, a property owner who left to care for his sick wife and returned to learn that interlopers had moved in and changed the locks on his home, and he’s not allowed to kick them out.

The reason is a curious legal loophole that gives would-be trespassers the right to stay put if they only stay in a property long enough to claim legal residency — otherwise known as squatters rights.

Here’s how it works.

What are squatter’s rights in New York?

Squatter’s rights, also known as “adverse possession” under the law, allow an individual to occupy a property and remain there without the owner’s permission.

The squatter must meet specific criteria to claim the right to stay put, but it’s not really that hard, particularly in the Big Apple.

How does someone become a squatter?

In New York State an individual who has lived on a property for at least 10 years can claim a legal right to remain on the property without the owner’s permission.

However, in New York City an individual can claim squatter’s rights after inhabiting a property for just 30 days.

Why is it so hard to get rid of a squatter?

The law provides squatters wide latitude once they have established legal occupancy on a property, with certain conditions.

For example, they have to prove continuous and exclusive occupancy.

However, the owner must continue to provide utilities and pay other expenses while the squatter is in residence.

How does someone become a squatter?

In a bunch of ways. A squatter can be a former tenant who established residency and now refuses to pay rent, a relative of a former property owner or even an outsider who got onto the property and didn’t leave.

In the Queens case, squatter Brett Flores lived and worked on the property for the prior owner.

How can a property owner get rid of a squatter?

Good luck. Once a squatter sets up shop it can get messy.

The owner first sends the offender a 10-day eviction notice. If that’s ignored the owner can file a court complaint to evict the squatter.

If the judge signs off the owner gets a summons and the sheriff does the forced eviction.

But it doesn’t always work that smoothly because the courts can be reluctant to pull the trigger once squatter rights kick in, and it could take a year or more for the owner to get the keys back.

Why does the law provide squatters with their rights?

The law was meant to protect long-term tenants who established legal residency in their homes from getting kicked out onto the street.

In New York City, which traditionally has strong tenant rights legislation, the law was also in part a response to properties that remained vacant or abandoned for long periods of time and therefore became unsightly and unsafe eyesores.

How can property owners protect themselves from squatters?

The most important rule is to avoid having a property remain vacant for any length of time.

Make sure the property is secure and has adequate lighting and security surveillance, and if someone shows up the owner should move fast before squatters rights are established.

Before those kick in it’s simple trespassing and cops can typically take care of the interloper.