Home Selling in 11231>Question Details

Angel_everyd…, Home Buyer in Brooklyn, NY

Can they put the house on the market a week after i moved in and had no knowledge of this.(was told long term)

Asked by Angel_everydae, Brooklyn, NY Tue Nov 20, 2012

I Just moved into a rental home and i was given the knowledge that it was long term. one week later a diffrent company came to me saying they are taking over the property and its going on the market. i asked when was this deciedd . they said last week.. which means they clearly new it was going on the market and could have said somthingto the current landlord or me. before i signed an agreement which was for renting long term. i feel total s******d .over

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Dear Angel:

If the property is in Brooklyn, perhaps something happened with the owner's situation since Hurricane Sandy, hence the need to sell. The bottom line is that you have rights as a tenant and as described in your lease. They cannot just throw you out of the house. Your best bet would be to speak to a landlord tenant attorney and show them a copy of your lease to find out your rights. Even if you have to pay some money to do that, it is well worth it to know your rights. Good luck!

Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665/ Cell: (917) 805-0783
Email: MitchellSFeldman@aol.com
1 vote Thank Flag Link Wed Nov 21, 2012
Good point re: Sandy
Flag Wed Nov 21, 2012
Oh, the specific answer to your question is Yes. The sale of the property should not affect the terms of the lease.
0 votes Thank Flag Link Fri Nov 30, 2012
Check your lease and the New York Tenant Landlor Code. Every state has some differences but generally if a property is being leased the new buyer must accept the lease with the property. They cannot force you out. Also when a leased property is put on the makret it is generally unwise of the landlord to not include the tenant. First becauset he tenant may be interested in purchasing the property and second because if the tenant and landlord do not have a good relationship the tenant can cause problems for potention buyers to see the property that is for sale. You may mention to your landlord that you would move earlier should the new buyer want you out only if they buy out your lease. This would pay you for moving out early and give you enough money to pay for a mover and relocate. This would also make the property easier for the present owner to sell. Honest and open communication can make this an easier and less stressful time for both you and your landlord.
0 votes Thank Flag Link Fri Nov 30, 2012
If you signed a lease and the owner's name is still on the deed, you can check this online, this means that the owner is still the owner and you have full rights to the property for the time stated on the lease. I say keep making your monthly payments making sure to keep a record of it with receipts and don't worry about it. If they want you out, they will need to at the very least pay for your moving expenses and help you find a similar living arrangement given your price. Why is this the case? You signed a legal document that binds the owner of the house and you to it. Just like if you break the lease you need to pay the balance if the landlord enforces it, now in this case the landlord can sell the property but it will be listed "with tenant" and potential buyers will want to know how long you have on your lease. Some buyers want tenants others do not. So this may be a problem or a blessing for the owner of the property when they go to sell. Give it time and know your rights. First step, read your lease line by line (most people don't).

All the best.
0 votes Thank Flag Link Fri Nov 30, 2012
Typically, a lease will supercede a sale. Do you have a lease?

it sounds like this house might be in foreclosure. Please call an attorney to establish what rights you have.
0 votes Thank Flag Link Wed Nov 21, 2012
It allDepends on the verbiage in your lease agreement. If there is no clause stating that they can cancel the lease and ask you to evicit at any point during your tenancy then no one will be able to evict you during the duration of you lease unless you give break some term. Example failure to pay rent etc.
0 votes Thank Flag Link Wed Nov 21, 2012
Did you sign a lease? If so, take it to a real estate attorney to review to see what your rights are as a tenant.

Good luck
0 votes Thank Flag Link Wed Nov 21, 2012
Check your agreement, and or, consult with an attorney who specializes in real estate....
0 votes Thank Flag Link Wed Nov 21, 2012
I am very sorry to hear about your predicament! Your best bet is to refer to your contract and perhaps consult with an attorney.

I hope everything works out for you.

Chad Gray PA, Realtor
Luxury Living Fort Lauderdale
Coldwell Banker Residential Real Estate

100% of clients rated our service as "EXCELLENT"!

0 votes Thank Flag Link Wed Nov 21, 2012
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