Mocobizscene- A couple from New York City had a dream of retiring in a $2 million home with their disabled son. However, their plan has turned into a nightmare as they are now dealing with a squatter who insists he had an agreement with the previous owner.
Susana and Joseph Landa, aged 68, bought a house next to their family members in the peaceful residential area of Douglaston, Queens, in October 2023, as reported by ABC 7.
The location was ideal for their son Alex, who has Down syndrome, as it provided close proximity to relatives. This gave the couple reassurance that their son would be well taken care of in case of any unforeseen circumstances.
Despite signing the deed four months ago, the couple is still unable to move into their extravagant new home due to the presence of squatter Brett Flores.
Joseph Landa expressed his frustrations during an interview, describing the situation as an absolute nightmare.
According to court documents obtained by the outlet, Flores, 32, was employed as a caretaker for the former homeowner, earning a salary of $3,000 per week until the man passed away in January 2023.
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The squatter asserts that they possess a “license” bestowed upon them by the deceased previous owner, granting them permission to remain in the house.
Susana expressed her disbelief, exclaiming, “We couldn’t believe it!”
Flores has been living in the home since the former owner passed away, and this situation has posed a significant challenge as they attempt to evict him.
According to New York squatters’ rights, it is illegal for anyone to evict or try to evict a person who has been lawfully living in a dwelling unit for thirty consecutive days or more.
The homeowners issued Flores a 10-day notice to vacate their property. In an attempt to gain access to the premises, they accompanied an insurance inspector. However, Flores promptly contacted the authorities to report their actions.
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The Landas never entered into a formal agreement with Flores as a tenant. However, despite this, the police were unable to forcibly remove the squatter from the property.
Joseph pondered the question, “What rights do you have if you don’t have a lease and aren’t paying rent?”
Flores has also advertised available rooms for rent at the property, catering to individuals seeking accommodation.
The Landas have been left responsible for covering all expenses related to the property, including the hefty cost of utilities that amount to thousands of dollars.
According to Susana Landa, Flores has been leaving windows open around the clock, resulting in a substantial increase in the heating bill.
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“It’s absolutely insane,” Susana exclaimed. “Our system is completely broken. I would have never imagined that we would have absolutely no rights, none at all, not even a shred.”
The couple has experienced five hearings in civil court since purchasing the home. However, Flores’ disruptive behavior continues to impede the progress of the process.
On January 9, 2024, he arrived at the court without a lawyer, which hindered the progress of the legal proceedings.
He recently filed for bankruptcy, which automatically enabled him to stay in the home.
“When a residential tenant files for bankruptcy, it triggers an automatic stay that prohibits the landlord from pursuing eviction proceedings or enforcing a pre-existing judgment,” as stated in the laws of New York City.
The main aim is to provide the debtor with some respite from their creditors. Joseph Landa expressed his deep sense of being neglected and powerless within the legal system, stating, “It makes me feel completely forgotten in this legal system, unfair, and not able to do anything.”
The couple is currently pursuing legal action against Flores in landlord-tenant court with the goal of having him evicted. However, they will have to wait until April for the court hearing to take place.
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