Legal Question in Real Estate Law in New York
I have lived in my apt for 7+ years with no problems paying rent until recently. In Dec 2009, we were informed that a judgement was issued for this property to be awarded to the brother of our previous owner John. The brother Tom, gave us a copy of his judgement while informing us that he was the new landlord and as of Jan 2010 the rent would be paid to him. In Jan 2010 John filed for appeal attempting to get the judgement overturned. A stay was issued by the court and the appeal is still ongoing now in Aug. The other apts in the 4 unit building, as well as myself have not paid the rent to anyone with the fear that we would be paying the wrong person and would be responsible to pay again to the other brother. Tom has not requested rent while the appeals are taking place, but John has insisted that he is still the rightful owner and entittled to the rent. He is not taking us to Court not only for the rents but also for eviction. Can he do this when the property was awarded to his brother Tom and also is he or isn't he entittled to the rents while a stay is issued or an appeal is taking place, regardless of the judgement to Tom? We are more then willing and able to pay the rent, but unclear as to who is legally entittled to it. We have obtained money ordered monthly to establish good faith, after attempts of trying to have an escrow accout opened and both lawyers refused to do so with claims that the appeal wouldn't be going on for a long time. What do we do? Who is entittled to the rent? Does the eviction lawsuit stay on our credit report even if we win? If so, can we fight to have this removed? Thanks in advance!
Diana
2 Answers from Attorneys
If you are on Long Island, call me at (631) 848-1204 to discuss options.
We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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