Legal Question in Real Estate Law in New York

Re: sell residence while tenant has a lease

The sale can be accomplished, but it will be subject to the remaining tenancy, unless you can get the tenant to voluntarily leave. Unless the Buyer assumes the lease responsibility, it will be your responsibility to see the tenant is removed. You should be aware that with the tight rental market, it is possible the tenant might want to hold over, but a sale to a new owner who will be occupying as their residence, or that of a family member of the buyer, should limit any hold over argument, or require the tenant to move at the end of the lease term. I suggest you notify the tenant sufficiently in advance of the lease termination date if you want him/her out by the lease end. This information is based upon the limited information presented and without a review of the lease involved.

Re: sell residence while tenant has a lease

You can sell before the end of the lease. But the lease will go to the new owner. The renter has the right to remain until the end of the lease no matter who owns the property.

Re: sell residence while tenant has a lease

Of course you can sell, subject to the existing tenancy.

Most residential leases provide that the tenant must permit access upon reasonable notice. Some limit it to the last few months of the tenancy.

I suggest you examine the lease and if it does allow you access to show the premises, notify the tenant in writing of your desire to show the house.

If he refuses, you can try to evict him for breaching the lease.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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