Legal Question in Real Estate Law in New York

Landlord sells home

I have been renting a home for over four years. The owners suddenly listed the property for sale (without much notice). The owners are calling and demanding that we give the realtor a key to come into the property and show the home, and making all sorts of demands regarding the cooperation that they feel is necessary to show their property. I have told the owners that I have pets that may escape the home and go out while I am not at home, since I work in another part of the state during the week. I also have possessions that I am nervous about vis a vis theft or negligence i.e.. improper locking of the door, etc. I have an oral lease, and have maintained the property as a caretaker (although I have payed rent)

My question is can I sue for money owed for caretaking, moving costs, and stress? Should I fight them if they try to evict due to my lack of bending over backwards to please them and their plans to sell? They also do not live in the area where the home is located, they live about 3 hours away.


Asked on 7/03/00, 8:35 pm

1 Answer from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Landlord sells home

As a tenant, you have an exclusive right of possession. While the LL can enter in an emergency or by agreement (i.e. written lease), anything else is a trespass. You cannot sue for caretaking or "stress" but the LL would need to evict you by first serving a thirty day notice, followed by a court date. The alternative may be an agreement to allow showing in exchange for a rent concession or moving expense payment when a sale is made. I can be reached at 516-780-0270 if you have further questions.

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Answered on 9/07/00, 5:24 pm


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