I received a letter from the NYC Finance office stating that a "Notice of Default" was sent to my landlord, what should I do and am I

Asked by Katztrix, Brooklyn, NY Fri Mar 9, 2012

protected? It also states that they owe over a year of water bills and haven't paid the mortgage since 2007. A notice of Entry was also sent and now I'm not sure if I should continue paying rent since our lease expired over a year ago and she never emailed me a new one to sign so we have been just leaving here month to month. What are my rights? Should I get a lawyer first?

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Katztrix’s answer
Katztrix, Renter, Brooklyn, NY
Tue Mar 13, 2012
Well the letter I received stated in Bold Underline that I no longer need to pay rent to the landlord. If anything a real estate attorney informed me that in the long run I can actually get in trouble remitting payments to this person since they no longer own the home and that if any payments should be made should go to the bank.
0 votes
Robbie Vaughn, Agent, Mineola, NY
Mon Mar 12, 2012
For some reason my answer was cut short, but I agree that you should speak with a Landlord-Tenant attorney (might be helpful if they also practice foreclosure defense). Good luck!
Web Reference:  http://vaughnweberlaw.com
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George Capel…, , Brooklyn, NY
Sat Mar 10, 2012
If the NYC of Finance sent you a NOTICE OF DEFAULT.. that only means that your landlord is in arrears for real estate property taxes, Water charges, fines by city agencies and or charges from emergency repairs. Nones of these will excuse you from paying your rent. This notice is usually is sent prior to a tax lien being placed against the property. The reason that these charges haven't been paid can be many and don't excuse from paying your rent or cancell your lease. If you chose to withhold your rent because the landlord is having problems will not affect your obligation. If you default on your rent the kandlord can still sue for the back rent and get a judgement agains you for the arrears and place it against your credit report. Talk to your landlord and he just might release you from your lease if you just bring out your concerns and that you would fel better by vacatinging... Good luck
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Jack Menashe, Agent, Brooklyn, NY
Sat Mar 10, 2012
You are stll under legal obligation to pay rent. Speak to your landlord. Ask what the status is. Perhaps they are working on a loan modification. Give them the benefit of the Doubt but be up front. If you so desire to move give notice but you may be better off financially by staying. Talk to your attorney or one of the public brooklyn housing offices. Good luck.


Jack Menashe
0 votes
Mitchell Fel…, Agent, Brooklyn, NY
Sat Mar 10, 2012
Dear Katztrix:

You need to speak to a landlord tenant attorney and then your landlord. No matter what they have to give you a 30 day written notice before an eviction can even be started, and that will take time as well.

Do yourself a favor and speak to an attorney! 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
0 votes
Anna M Brocco, Agent, Williston Park, NY
Sat Mar 10, 2012
Discuss with your attorney; however eventually you will need to move, therefore why not begin a search for a new home.
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Martina Ryan, Agent, Bayside, NY
Fri Mar 9, 2012
They will need to give you 90 days notice to move. I am sure you could stretch this for a longer period depending on your attorney but you will eventually have to move so you have to decide what is best for you - less stress or a longer time in your current home.
0 votes
Robbie Vaughn, Agent, Mineola, NY
Fri Mar 9, 2012
No mortgage payments since 2007.
0 votes
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