Legal Question in Landlord & Tenant Law in New York
Landlord selling house, I'd like to stay
My landlord wants to sell the single-family house I rent with the stipulation that the new owner not take occupancy until Nov, when my lease is up. I would like to stay to the end of my lease if possible.
1.Do I have the right to say ''no'' to the house being shown and to open houses? Do I have the right to be present at showings?
2.Is the landlord legally able to stipulate in the sale that occupancy not take place until Nov?
3.What happens to my lease once the house is sold - does it transfer to the new owner? Do I have to sign a new lease with the new owner? If my lease ends with the sale, do I have any period of time in which to find a new place to live?
2 Answers from Attorneys
Re: Landlord selling house, I'd like to stay
You have the right to stay in the premises into the expiration of your lease. You do not have to cooperate with the landlord prior to the expiration of the lease unless your lease has specific language ensuring that you will cooperate. You probably have no rights to the property once the lease expires.
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Re: Landlord selling house, I'd like to stay
This is a difficult situation. However, you are not without rights. You are not required to open your home to starngers and the landlord unless the lease requires this. In addition, your lease is effective until that Nov date. since often houses do not sell quickly, the owner may not have it sold in time for the new owner in Nov.
Look to trade/negotiate an extra 6 months on the lease or a reduction in rent payments now if you permit the house to be shown. Since it is June, the owner is likely to agree.
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