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Posted by Mark Smith on July 12, 1999 at 21:36:31:

In Reply to: our landlord sold the house and wants us out! posted by Mary on July 12, 1999 at 15:26:46:

Under the facts that you stated, there is no basis for your landlord to evict you. If your lease has a clause that obligates you to pay the landlord's attorneys' fees if the landlord successfully sues you, Real Property Law §234 gives you similar rights against the landlord. You can use that law to have your landlord pay your attorneys' fees if he tries to evict you.

Your landlord has NOT sold the house. He has gone to contract, with the condition that your apartment be delivered vacant. You are under no obligation to vacate your apartment until your lease expires.

: I'm looking for some advice. June 1st my 3 housemates and I signed a lease
: for a 4 bedroom apartment in Rochester, NY. Two weeks later the landlord told
: us that he was being relocated and was selling the house - at the time he
: assured us that our 12 month lease would hold. After only a month in the house
: he informed us that he was accepting an offer that was contingent on the new
: owners being able to move into our apartment at time of closing. He offered us
: half of August's rent off ($400) to break the lease. He informed us that if
: we didn't take it he would go to his lawyers who told him that they could get us
: out in a matter of months. Our lease has no termination clause and states that
: if either the owners or the tenants change the lease is still binding. Because
: this is a big mess that none of us has time for, we are willing to leave, but
: we would like fair compensation. We gave our counter-offer of 1)the rent back
: we've already paid 2)our security deposit 3)moving expenses and 4)$1000 apiece.
: Is this unreasonable? And is it possible for some lawyer to come in and
: break what is clearly a binding contract? I feel like I'm being pushed around
: and I don't like it! Can someone with knowledge of New York tenant law give us
: some advice? I'm afraid of both winding up with a big legal battle or being
: evicted

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Comments:
: Under the facts that you stated, there is no basis for your landlord to evict you.  If your lease has a clause that obligates you to pay the landlord's attorneys' fees if the landlord successfully sues you, Real Property Law §234 gives you similar rights against the landlord.  You can use that law to have your landlord pay your attorneys' fees if he tries to evict you.

: Your landlord has NOT sold the house.  He has gone to contract, with the condition that your apartment be delivered vacant.  You are under no obligation to vacate your apartment until your lease expires.

: 
: : I'm looking for some advice.  June 1st my 3 housemates and I signed a lease
: : for a 4 bedroom apartment in Rochester, NY.  Two weeks later the landlord told
: : us that he was being relocated and was selling the house - at the time he
: : assured us that our 12 month lease would hold.  After only a month in the house
: : he informed us that he was accepting an offer that was contingent on the new
: : owners being able to move into our apartment at time of closing.  He offered us
: : half of August's rent off ($400) to break the lease.  He informed us that if
: : we didn't take it he would go to his lawyers who told him that they could get us
: : out in a matter of months.  Our lease has no termination clause and states that
: : if either the owners or the tenants change the lease is still binding.  Because
: : this is a big mess that none of us has time for, we are willing to leave, but
: : we would like fair compensation.  We gave our counter-offer of 1)the rent back 
: : we've already paid 2)our security deposit 3)moving expenses and 4)$1000 apiece.
: : Is this unreasonable?  And is it possible for some lawyer to come in and
: : break what is clearly a binding contract?  I feel like I'm being pushed around
: : and I don't like it!  Can someone with knowledge of New York tenant law give us
: : some advice?  I'm afraid of both winding up with a big legal battle or being 
: : evicted


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