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October 9, 2007
Rental legal question
We are renting a 2 bedroom apartment in Cobble Hill.
We have been there for 6 months. We knew that the landlord was looking to sell it when we moved in.
We have a 1 year rental contract. As well as that, he verbally told us he was not going to put it on the market for a year.
Now he wants a broker to take a look at it. You know what the next steps are.
What is our recourse if he wants to put it on the market before the 1 year contract is up?
Comments
You have no recourse. You are a renter. Your landlord owns the building and can sell it whenever he wants.
Posted by: guest at October 9, 2007 9:12 AM
Even if he puts in on the market, your rental contract is still valid. If he sells and closes before your lease is up (Highly Unlikely) the new owner will have to honor the terms of your lease.
Posted by: newsouthsloper at October 9, 2007 9:24 AM
your lease should be upheld, but after that it's anyone's game (which would be the case even if he wasn't selling). it can take a long time to sell a house, and even when a buyer is found the closing will take forever, so it maybe 6 months before the new owner takes possession anyway. but your lease has to be honored, even if a new guy comes in tomorrow. don't let them pressure you to leave early, if it comes to that.
Posted by: Jimmy Legs at October 9, 2007 9:27 AM
Yes, but you have a lease and that lease protects you. You cannot be evicted during the period of your lease. The landlord can sell the building but the new owner has to honor your lease. Sometimes, new owners want the building vacant but this cannot happen without your agreement. They could offer you money, but if you don't want to leave during the period of your lease, then you don't. Don't worry.
Posted by: donatella at October 9, 2007 9:27 AM
Check your lease wording. It's pretty standard to have a clause stating that the owner has a right to enter your apartment (with proper notice) for repairs and to show to prospective buyers.
the above posters are also correct.
Posted by: guest at October 9, 2007 10:59 AM
When the building is sold, your landlord has to turn over your security deposit within 5 days to the new owners who have to notify you.
if not hey are violating your contract.
Posted by: Ysabelle at October 9, 2007 11:20 AM
You might like the new owners even better than the current ones. Rather than be annoyed and difficult for the current owners, keep the place clean, be helpful while they are trying to sell the place (it's stressful for sellers) and they'll probably tell the new owners you're really awesome tenants and the new owners should try to keep you. Good tenants are very much worth trying to keep.
You'll have the apartment until the end of your lease, for sure. Who knows, if the new owner wanted you out sooner than that like to do a gut renovation, just negotiate a nice price to buy you out of your lease. Make it work for you.
Posted by: guest at October 9, 2007 7:29 PM
If your landlord was honest enough with you to tell you that he wanted to sell the house prior to your renting the unit, it would seem to me that he does plan on honoring your lease through the end of the lease term. He probably wants a broker to take a look at it now because he does plan on putting it on the market soon so that the closing date coincides with a date near or immediately following your lease ending. You only have 6 months left on the lease anyway, so if I were you I'd begin to look for another place. As far as the broker taking a look, what would it hurt you to let him? Assuming that you have paid your rent on time and abided by the other terms of your lease, you in turn can probably get a very good reference from the landlord or a recommendation that his prospective buyer keep you as a tenant and renew your lease. If you do have a standard lease that allows the landlord access for such purposes you could be in breach of contract if you don't allow access thereby opening yourself up for eviction before your lease is up. This is precisely why I ate Ramen noodles for two years and lived with my aunt so that I could buy a place.
Posted by: guest at October 9, 2007 7:45 PM
If it sells, the new owners should honor the terms of your lease UNLESS they are planning to occupy your unit themselves. If that is the case, I believe they do not have to wait until the end of your lease. Once there is a serious buyer, you may want to try to find out their intentions. Keep a good relationship with your landlord so that he will keep you up-dated. The whole process could easily take longer than your lease has left. If it does, try to get your landlord to let you sign another year's lease(another good reason to stay on good terms with your landlord....)
Posted by: plger at October 9, 2007 8:30 PM
as a practical matter, no sale could be finished before the end of your lease.
If you are wondering about next year, it will be better for you if it sells quickly as they may want to show it empty if it hasnt sold when the lease is up.
Posted by: slick at October 9, 2007 8:54 PM
OP,
I agree with plger's comments up until "try to get your landlord to let you sign another years lease." You'd be wasting your time. What landlord in his right mind would do this not knowing who his buyer is? Even if he hasn't sold by the time your lease ends, he probably would not allow you to renew your lease but might allow you to stay month to month. If you want to stay, show your apartment, keep a good relationship and see if the landlord will recommend you as a good tenant to the next owner otherwise start looking for new digs. The deal probably won't go through until after your lease ends anyway.
Posted by: guest at October 9, 2007 9:24 PM
PLGer is wrong - a renter's rights have nothing to do with building ownership. Even if the buyer wants to inhabit your unit, they must honor your lease.
Posted by: guest at October 9, 2007 10:03 PM
In response to 9:24, my last landlord gave us a renewal on our lease as the building was on the market to offer us a degree of security. I guess it just depends on what kind of person your landlord is and the history you have with him/her. As to 10:03, I certainly may be wrong. It's what I have been told by friends who have had their buildings sold. I would love to know what other folks have heard regarding owner-occupation rights in NYC.
Posted by: plger at October 10, 2007 1:02 AM
this whole business is nerve wrecking.
what is important is what type of lease you have.
if it is rent control or rent stabilization.
if you have either one there is nothing they can do about it!
Even if your lease expires and they don't want to renew it ,
your lease automatically rolls over for the same rent.
if they give you a new lease they are allowed to raise it what the rent stabilization guideline states.
So please
make an effort and learn how to read your lease, carefully.
If you need help contact division of housing community renewal in your borough and call them
I hope everything comes out in your favor.
Posted by: Ysabelle at October 10, 2007 10:58 AM
Ysabelle,
Why do hope every thing comes out in the OP's favor? If he has to move when the lease is up, for whatever reason, then so be it. As a renter he is entitled to what the lease states and that's it. Renters in NYC have a sense of entitlement that you don't see anywhere else. For true security buy a home. I hear the prices are down so now's a good time.
Posted by: guest at October 10, 2007 12:45 PM
Plger,
10:03 is correct. An owner can sell his/her property at anytime. The new owner is oligated to honor the lease unless they or a family member want to occupy the unit. In that case they can ask that you move and start proceedings to evict if you do not leave after proper notice. Also you were quite lucky that your landlord renewed your lease. Most would not no matter how good the relationship.
Posted by: guest at October 10, 2007 12:52 PM
My landlord sold the building, we signed a 1 year lease about 2 months ago and now our new landlord wants us to sign a new lease, which is a tenant at will lease. Does he have the right to do that?
Posted by: guest at October 31, 2007 10:29 PM
I am having a huge problem with my new landlord, he wants us to sign a new lease when we have a 1 year lease that we only signed 3 months ago with our previous landlord. It is also a tenant at will lease, not to mention the fact it is absolutely rediculous. We can't even buy a new TV without consent from him. We have a child that suffers from autism and the way the new lease is written out we will be evicted tomorrow! It also states that we can't have pets, which our last landlord allowed us to have a cat which is my sons and if we have to get rid of it my son will be devasted. Does he have the right to do this? What should I do?
Posted by: srobertson27 at October 31, 2007 10:55 PM
I was evicted,because.Of a late payment notice.although I had my money that same day.I fail to deliver to the office box on time.Now!as Iexplained to them what happen.I had to sign a 2 month Addenum contract.From march 10th to april 30th.Which was the last day of my original lease.Even if, I was being evicted.And,had to sign an addenum lease,for 2 months and unable to give enough time to write a letter.To move on. For automactic renewal,which is 60 day's.Am, I liable for that renewal
Posted by: guest at April 17, 2008 7:11 PM
I was evicted,because.Of a late payment notice.although I had my money that same day.I fail to deliver to the office box on time.Now!as Iexplained to them what happen.I had to sign a 2 month Addenum contract.From march 10th to april 30th.Which was the last day of my original lease.Even if, I was being evicted.And,had to sign an addenum lease,for 2 months and unable to give enough time to write a letter.To move on. For automactic renewal,which is 60 day's.Am, I liable for that renewal
Posted by: guest at April 17, 2008 7:13 PM
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