Legal Question in Landlord & Tenant Law in New York

My lamdlords are getting a divorce. The wife asked me to only make thr ent check out to her and I did . Her ex husband came to me on 2/26 and told me not to pay her that she wasnt paying the mortgage. She called me and said he is a liar and for me to continue paying her. I got a notice on my door yesterday saying the house is now in foreclosure. Do I still have to pay her rent? Do I have to leave?


Asked on 3/15/11, 4:30 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Eventually, when the house is sold in foreclosure, you would have to make either a new agreement with the bank or you would have to leave.

If you have a written lease agreement I would make and deliver the rent check to the name and address exactly how it is printed on the lease agreement. If the lease agreement only mentions the husband, then make the check only to the husband. If the lease agreement includes both the husband and wife, make the rent check to both and send it to the address on the lease.

If there is no lease agreement, and the house is owned by both the husband and wife, I would make the check payable to both. Let them fight it out.

Mike.

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Answered on 3/16/11, 5:51 am


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