Rental Basics in 11211>Question Details

Su, Renter in 11211

My landlord is selling my building in nyc and our lease is expired . Do we have any rights ?

Asked by Su, 11211 Mon Jun 11, 2012

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Most likely the landlord is selling the building to an investor who wants good tenants. If that's you, then you might be able to stay very easily.

Communicate to your landlord that you would like to stay. When I'm showing investment properties, I love to be able to tell investors that a unit is rented by a good tenant who would like to stay, it helps with the sale.

Responses below are confused because they think you are a rent controlled or a rent stabilized tenant. I don't think you're either one, I think you are a market rate tenant.

Otherwise you will be asked to leave and no, you don't have any inherent right to stay. "Property can be delivered vacant" is all over the ads for multi-family listings in NYC. That means there is a month to month tenant(s) situation there.

Call the city (start with 3-1-1 on your phone) to confirm this, it's a lot cheaper (free) to hear it from the city than to hear it from a lawyer. Rent laws are complex so it's worth finding out if there is anything special about your situation.

The landlord will give you an official 30 days notice to vacate if they want you out. That's how month to month works, it's 30 days notice from either party.

I agree that you should stay out of court unless there is something happening here that we don't know about that justifies the expense, and the ding on your reputation as a tenant. You can find out from NYC what your rights are, talk with them unless you hit a roadblock (I don't think you will).

Karla Harby
Licensed Real Estate Salesperson
Rutenberg Realty
New York, NY
kharby@crrnyc.com
212-688-1000x146
0 votes Thank Flag Link Tue Jun 12, 2012
Tricky question... It all depends on your situation: If you have no lease and are living month to month, you are what they call "A tenant in sufference" . I have heard of landlords giving a tenant 5-10 thousand dollars to move out or the tenant going to tenant/landlord court, having their rent put into an escrow account and given back to them when they had enough to move out, leaving the landlord with nothing. Most landlords know this can happen to them in court, but again, I don't know your situation.

I'm going to have to agree with Mitchell on this: Either seek help from Tenant/landlord court or consult an attorney.

Luke Constantino
Commercial | Residential
REMAX PARK SLOPE
Direct: (212) 300-3919
0 votes Thank Flag Link Mon Jun 11, 2012
Dear Su:

Yes you do have rights, legal rights, hence you need to speak to an attorney. Try to work it out amicably with your landlord, if it has to go to eviction court, nobody wins. Good luck!

Sincerely,
Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665/ Cell: (917) 805-0783
Email: MitchellSFeldman@aol.com
0 votes Thank Flag Link Mon Jun 11, 2012
Since you didn't state the amount of apartments in the building, here some general information. If the building has 5 units or less your right are very limited. If your lease has expired, the owner only needs to give you a thirty days notice and proceed with a Hold over proceeding and your out. The owner has to give you at least six months to find a place as long as you pay the rent.
If the property has six apartments or more then its a different story. Even if your lease is expired your occupancy is month to month until your lease is renewed. Your lease will be renewed as long as you pay the rent and all legal increases. Your lease is guaranteed to renew if your within the five boroughs.
If the owner really wants you out and has just cause he can iniate an ejectment proceeding in the supreme court. Which means even if you pay the rent you have to get out. The reasons for the ejectment are very specific and you should really speak with an attorney if you get any legal papers from your landlord.
Take any legal proceeding seriously, you are at risk of losing you home. This can be very truamatic on everyone especially children. Just because a property is sold does not mean that you automatically lose your apartment. If you are not ready to move .. don't..... start looking , if not wait for legal papers. remember you have six month whether you get a dispossess or holdover proceeding to move.. Good luck and I hope this was able to help you, If you have specific question just drop a line .... George
0 votes Thank Flag Link Mon Jun 11, 2012
Without much information, when it comes to any legal rights, it's really in your best interest to consult with an attorney who specializes in real estate. You may also wish to consider looking for a new home.
0 votes Thank Flag Link Mon Jun 11, 2012
Stay out of the courts as that will only tarnish your reputation as a tenant. As far as rights its more of a legal issue best answered by a lawyer than a real estate broker or agent. Be prepared to move as you have no lease & I assume less of a leg to stand on should the new owner make an unreasonable request or perhaps the new owner needs the apartment for personal use as well.

Good luck
0 votes Thank Flag Link Mon Jun 11, 2012
thanks ...yeah seems like there's not much that can be done :(
Flag Mon Jun 11, 2012
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