Legal Question in Real Estate Law in New York
A new landlord is suing me for back rent and is trying to evict me, but my lease is with the old landlord. Can this new landlord validly win this case, being that they are not named on the lease that I signed?
Asked on 11/25/12, 5:21 pm
2 Answers from Attorneys
Lori Davis
Final Eyez Lease Consultants
Read through your lease for an assignment clause. Chances are the old landlord had the right to assign the lease to someone else. They then become your landlord regardless who signed it.
Answered on 11/25/12, 7:18 pm
Paul Vaygen
Law Offices of Paul A. Vaygen
If your lease is a typical lease, the answer is yes.
A typical lease contains a provision stating that the rights and obligations under the lease are assumed by all "successors and assigns." This means that the new landlord takes over for the old landlord under the lease if he or she legally bought the building.
Answered on 11/25/12, 9:39 pm