Licensee / squatter
Licensee and squatter proceedings recover possession from a non-tenant occupant. Misclassifying an actual tenant as a licensee is dismissible.
- 1
Confirm the occupant is not a tenant
Attorney reviewRent acceptance, a lease (written or oral), or long-term occupancy can create a tenancy. Confirm with counsel before choosing this path.
Why it matters: Filing a licensee proceeding against an actual tenant results in dismissal and may waive claims.
If you wait: Rent acceptance during delay strengthens a tenancy claim.
- 2
Serve a 10-day notice to quit (licensee) — or proceed directly (squatter)
Attorney reviewThe required predicate depends on the classification. Counsel selects the correct notice.
Why it matters: Wrong predicate = dismissal.
If you wait: Do not resort to self-help — it is illegal.
- 3
File, serve, appear, execute warrant
Attorney reviewStandard procedural rules apply.
Why it matters: Same warrant-of-eviction limits.
If you wait: Tenants may seek stays.