Legal Question in Real Estate Law in New York

Purchasing Property-Can We Evict Tenant?

I am involved in purchasing a summer home. There is a tenant presently living there who claims she cannot find a new place (she is paying extremely inexpensive rent). There is no formal lease, only an email from the present owner stating that the tenant could stay until 8/03. Should I wait and see if she moves out? Does the email from the present owner constitute a legal lease? Thank you.


Asked on 3/28/03, 7:57 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Purchasing Property-Can We Evict Tenant?

It depends. If a court construes the E-mail as a lease agreement, she can stay through 08/03, provided she continues to pay the agreed rent.

Your problem is if she refuses to leave after 08/03, and you have to evict her. Depending on the skill of your attorney and the disposition of the judge, it might take a while. You may want to offer an incentive, i.e., money, to get her to leave sooner.

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Answered on 3/28/03, 8:10 pm


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