Legal Question in Real Estate Law in New York
Landlord lied on the deed
I am living in my grandmother's house which she left to my father and uncle. They sold the house to the next door neighbor who is renting it to me. The house has a basement which has three bedrooms, a bathroom, kitchen and seperate entrance. My two sons and family friend live down there. This weekend that just passed, the landlord went downstairs and told my sons that they have to move. Some insurance investigators supposedly came by and were looking through the basement windows to see if there was anyone down there. The landlord claims that they couldn't get in, even though I was home. He then told me that in order to buy this house, he had to lie and say that he was moving into the premises because you can't own two houses right next to each other and that I may have to move as well if the bank finds all of this out. What rights to I and my sons have if any?
3 Answers from Attorneys
Re: Landlord lied on the deed
I think you have a few issues confused. The deed isn't the landlord's problem, it is his mortgage. A mortgage for an owner-occupied house is at a lower rate than for an investment-only property. If the loan is FHA or VA insured, the loan is conditioned upon occupancy. Proof that the owner lied could (at least in theory)cause the lender to make the entire amount immediately payable or to raise the lending rate. As to your occupancy, much depends on whether you have a written lease or not and (if in NYC) if the basement is a legal apartment. If you wish to explore those questions with me, call me at 516-780-0270.
Re: Landlord lied on the deed
The landlord's lie is not relevant
You have no written lease. You are, by law,
a month to month tenant. You may be evicted
upon 30 days written notice, with the notice
having to be given prior to the commencement of
the next month. (Example: Notice given today
on July 27 is good for forcing you to leave Sept
1. Notice given today cannot state you have to
move on August 27. And notice given August 1 (the
day of the new term) can only be good for October
1)
Re: Landlord lied on the deed
It sounds like something fishy is going on here. There is no law in New York that you can't own two adjoining properties.
If the landlord lied, that is his problem.
It sounds like he's got ulterior motives, and has a different reason for getting your sons out.
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