[darbydad]

My landlord 'walked away' from his mortgage payments and the apartment/property in Massachusetts in which I and my family reside. He also returned my April 2008 rent check uncashed. I have made many of the needed repairs on the property myself and put in many extras such as a slate terrace and other improvements. We have heard nothing from any bank or foreclosure institution. The property upper 2 apartments are vacant; and I have assumed control of the heating bills. When does 'squater's rights' kick in and can I 'lay claim' to the property.

[tickle]

You ask a very good question but although your landlord walked away from the property, gave you back your rent cheque, how do you know for certain who owns the property. You may feel secure at the present time, but at some point the rightful owner is going to show up. Just because you made improvements, spent money on renovations, doesn't necessarily mean you are entitled to the property.

Squatters Rights are not well defined in the US, although for Ontario Canada I can find definitive answers which doesn't do you any good at all. I imagine Squatters Rights varies from State to State.

I suggest you contact a lawyer, attorney, or whoever, and discuss this issue with him before you spend anymore money on the property that you think you have acquired through just being able to 'sit in it' for a period. Don't get too comfortable in these economic times. Someone who really owns the property may want to come along and sell it out from under you, and you will have no rights at all, but to move out immediately. So cover your butt and have an escape route !

Tick

[ScottGem]

Probably 15 or 20 years down the road. And you will be evicted long before that, There is no longer suc a things as squatter's rights. This as been replaced by adverse possession which generally requires a very long time to kick in.

What I would do is the following:

1) ttry to contact the landlord and offer to buy the property. If he's walking away, he may allow you to purchase the property by paying the arrears and assuming the mortgage.

2) If you can't work out something with him, then go to the local county clerk and find out who holds the lien on the property and contact them to find out the status and see if they will accept an offer on the property.

3) in the meantime, set up an escrow account and make your rent payments to so you have the rental if called upon.

4) if there are other tenants, then you get together with them to start the escrow and make an offer on the propertyl