Legal Question in Landlord & Tenant Law in New York
Gentleman's Agreement Tenant Problem
Tenant planned to purchase our barn; we agreed to allow him to store eight scrap vehicles in the barn prior to closing on the sale. Tenant never purchased the property, and refuses to pay rent or to remove vehicles from our property. What are our rights given that there is no documentation.
Asked on 8/19/08, 6:47 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Gentleman's Agreement Tenant Problem
Since there never was a sale, you have the right to sole possession of the barn - even if the agreement was oral. HOWEVER, you cannot self-help. You must commence a landlord - tenant action for a Judgment of Possession and Warrant of Eviction.
Mike.
Answered on 8/20/08, 8:55 am