Legal Question in Landlord & Tenant Law in New York

I have a lease where I am living that will not be up until April 2011. However, my landlord came to me 2 weeks ago and told me that he sold his house. I specifically asked him if I should start looking for a place or not, and he said it was up to me as the deal w/the house may or may not fall through and he specifically stated that he would not hold me to my lease. Well, I found a place and signed a lease there and I had informed him last night and he was upset and told me he had asked me to wait a couple of weeks before looking for a place to see if everything would go through with the house (which he did not actually ask me to wait a couple of weeks). My concern however is that I am a single mother of a toddler (whose father is not in his life), I work fulltime and go to school (college). He did state to me that he would not hold me to the lease (nothing is in writing). Do I have the right to move as technically he broke the lease by selling the house (whether the sale goes through or not)?! Or should I worry about a court battle?!


Asked on 9/28/10, 6:30 am

1 Answer from Attorneys

Paul Ciminelli Ciminelli & Ciminelli Attorneys & Counselors at Law

First, he didn't necessarily violate the lease by selling the house, in fact, he probably did not. Worst case, you could be on the hook for the lease. Best case, he acts in an honorable manner and releases you from the lease. The legal side of this is completely dependent on the wording of the lease. You should consider having an attorney review the lease to see what if any options you have under the terms and conditions of the lease. I would recommend you to try to work this out with the landlord outside the legal arena.

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Answered on 10/03/10, 7:57 am


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