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Kaykay, Other/Just Looking in South Ozone Park, Qu...

iam a renter in NYC landlord is selling house just signed 1yr lease cannot afford to move what rights do i hav

Asked by Kaykay, South Ozone Park, Queens, NY Fri Apr 10, 2009

i have been living here for three yrs always pay my rent my landlord got caught up in this subprime lending mess they have raised his morgage from $2000-4000 a month he cant meet it so he said the banks are not working with him he also owns another house where he resides.now iam a person who had a heartattack and been out from my job on temporary disability i cannot afford to move right now.my landlord says that he is going to sell if the banks wont work with him. now today he calls and tells me that some people from the bank want to come and look at my apartment i ask them who they are and they said that my landlord is listing the house for sale i just signed a 1yr lease what rights do i have? help

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It appears you have contradicted yourself Ann Marie, in your first answer you say evict, then in your last answer you say the lease is binding. Which answer is correct ?
1 vote Thank Flag Link Fri Oct 15, 2010
This is a great question. In my research over the past few months I have seen that this is really dependant on what State you are located in. Larger mortgage companies like Fred and Fan have put regulations into affect protecting renters. If it was a simple purchase you are ok. However with foreclosures it is a different animal. I as a lawyer have to advise you to seek out a lawyer who is proficient in this matter. I have had various clients come to me and some are still in their home but that is only temporary for now since once the foreclosure come through and an eviction process is started it is only a matter of time before you have to move in cases I have seen. But as I said, you need to find a lawyer ASAP. Keep in mind this is just an opinion since I do not have all the facts.
1 vote Thank Flag Link Tue Apr 14, 2009
You must read your lease. Hopefully, your lease has a clause that states something like:

"This Lease is binding upon Landlord and Tenant and their respective assignees and/or successors in interest."

and not something to the contrary.

Additionally, if your landlord is foreclosed on, the new owner is required by law, with a few exceptions, to honor your existing lease or to give you 90 days to move (see http://vaughnweberlaw.com/2010/05/17/tenants-foreclosure/)

Good luck!

Law Firm of Vaughn & Weber, PLLC
217 Willis Ave.
Mineola, NY 11501
516-858-2620

This is not legal advice
0 votes Thank Flag Link Mon Oct 18, 2010
You have the rights to stay in the apartment until the lease ends. ...but you still have to honor the terms of the lease....if its a short sale which it sounds like it is....you have enough time.
0 votes Thank Flag Link Fri Oct 15, 2010
In this case the lease is binding again my company and I do work with city govenment due to you illness you can file a C83 to gain more time. I had a blind women in one of my apartments it took me 13 months to get her out. It would be worth your while to check all avenues remember New York City is pro tenant, all the best
Ann
0 votes Thank Flag Link Sun Oct 10, 2010
Joe, What if the buyer wants the proprerty? does the seller lose the deal? because of a lease?
0 votes Thank Flag Link Sun Oct 10, 2010
When the property is sold, the lease does not terminate. If a landlord conveys leased real estate, the new owner takes the property subject to the rights of the tenant. The lease survives the sale and continues as it was.
Web Reference: http://www.clovelake.com
0 votes Thank Flag Link Sun Oct 10, 2010
I am curious Ann, if the tenant has a valid lease what would the grounds for eviction be?
Web Reference: http://www.clovelake.com
0 votes Thank Flag Link Sat Oct 9, 2010
The new owner should take on the new lease. Unless the buyer wants the property empty than the owner can evict if it comes to that.
0 votes Thank Flag Link Sat Oct 9, 2010
According to the National Association of Realtors, S. 896, the “Helping Families Save Their Homes Act of 2009” included some provisions to protect tenants from eviction as a consequence of a foreclosure affecting the property being rented. Many examples were seen of families living in rental housing throughout the United States who were evicted without any prior notice when the home where they had lived was foreclosed upon. Much of the time, the rental family had no idea the home was in delinquency or subject to foreclosure until their eviction.
Under the new law, which went into effect on May 20th, tenants will have to receive 90-days notice prior to being evicted, when their rental home is foreclosed upon. In addition, tenants must be allowed to stay in the property through the end of their lease, with two exceptions:
The new owner wants to occupy the property as a personal residence, and
There is no lease (month to month), or there is a lease but state law allows the lease to be terminated at any time upon notice.
Even under these exceptions, the tenants must be given 90-days before they can be evicted. Notification must be provided by the “immediate successor in interest”. In some cases, this notification will come from the bank (when they assume the home), and in other cases it may be the new owner. Much will depend upon state law.
A number of states have existing laws protecting tenants. This law will preempt existing state law, except where the state law offers greater protection.
The protections of this law apply only to “bona fide” tenants – who have a written contract, the lease was the result of an arms-length transaction, and the rent is not substantially less than the fair market rent for the property. Under any conditions, tenants may still be evicted if they violate the lease terms.
These provisions expire on December 31, 2012.
Web Reference: http://www.clovelake.com
0 votes Thank Flag Link Fri Oct 8, 2010
He has to evict you by NY law due illness you can file a C83 because of you heart trouble contact an lawyer.
could luck. If that does not work let him pay you to move.
0 votes Thank Flag Link Sun Sep 5, 2010
the lease is good unless the bank take the house in foreclosure
in which case your lease is worth as much as the advice you
will get from a realty broker TALK to attorney if bank takes over
sean
0 votes Thank Flag Link Mon Apr 13, 2009
That's pretty much all said in first answer - your lease survives transfer of title. Consult an attorney if any funky business occurs.

Tell your landlord to contact me - visit http://www.longislandshortsales.org

I'll list it for him and explain to him the situation.
Web Reference: http://2familyhomes.com
0 votes Thank Flag Link Sat Apr 11, 2009
A lease always supercedes a sale. If he does sell, the new owner must respect your lease unless one of them buys you out of it.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Fri Apr 10, 2009
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