Legal Question in Landlord & Tenant Law in New York
Renting 2 months and owner is selling house!
hello,
I have been renting an apartment since april and was informed by my landlord at the beginning of may that he couldn't afford the house and would have to sell it. Currently we don't have any lease between us. Since I moved in I have painted the whole place, repaired several items in the house all while having to take 4 or 5 days off from work to have to move a month later! My question is now I need to save so I can go somewhere else and besides my security back I would like this months rent back since I have been hassled by real estate agents and potential buyers to see the house. What are my rights in this situation? Am I entitled to anything besides security??Thanks you
2 Answers from Attorneys
Re: Renting 2 months and owner is selling house!
you have certain rights as a month to month tenant that are too complex to discuss here. you can call 212 683 8677 for free telephone consultation
Re: Renting 2 months and owner is selling house!
As a mo/mo tenant, the landlord MUST give you 30 days advance notice to vacate. If you don't move, he must take you to court which will all- in -all buy you an additional 30-45 days from initial notice of eviction.
As for your expenses/improvements, etc. If the landlord knew/shouldv'e known that he had to sell the house (as he must've), he rented to you under false pretenses/mis representation and you should be entitled to damages for "detrimental reliance".
When/if he evicts you, counter sue for your expenses. If you move voluntarily, take him to small claims BEFORE he sells the house and/or moves away, include breach of the warrant of peaceful enjoyment in your claim. Sounds like you were taken advantage of. Good Luck.
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