Legal Question in Real Estate Law in New York

I own a home in the City of Buffalo, NY. It's a two unit home and recently I had to evict the tenant that was residing in the property due to non payment. She was evicted and two days later I come to find out that she has rented the second unit of the property without me knowing to another person. She has had no right to the second unit since she was only renting the downstairs unit and has passed herself as the owner and rented the upstairs unit before she moved out and taken the security deposit and rent money for the first month. What are my options? Am I able to evict the person that is renting the upstairs unit? Do I have any legal recourse against the tenant that was evicted?


Asked on 1/03/10, 11:09 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

It all depends on whether the upstairs tenant is willing and able to pay the rent you want to charge. If so, have them sign a lease and go after the former tenant for all rents and the security deposit that is rightfully yours. I doubt that a court will hold your upstairs tenant liable to you given that they are a victim of fraud.

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Answered on 1/09/10, 9:11 am


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