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Posted by Mark Smith on September 22, 1999 at 13:06:03:

In Reply to: new l/l needs an assignment of rents posted by hawk on September 22, 1999 at 10:12:09:

If the previous landlord made no real efforts to collect rent for seven years, the present landlord would have a hard time attempting to evict you for non-payment, even with an assignment of rents.

The housing court judge would probably deny eviction for most of the back rent because of laches. The court might issue a money judgment -- not a possessory judgment -- for most of the back rent. The landlord could not evict you if you did not pay the money judgment, but could make other collection efforts, such as a garnishee of your wages.

However, a possessory judgment might be issued for more recent rent, such as the last six months. But you would still have your warranty of habitability defenses and counterclaims, which could substantially reduce the amounts of any money and possessory judgments.

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: you asked a simple question: is a new landlord entitled to any rent owed to the prior landlord? The answer is no, not unless the new landlord has an assignment of rents from the old landlord. an assignment of rents is essentially a piece of paper that says the new landlord is entitled to collect any rent that had been owed to the old landlord prior to the time the building had been sold. without such assignment a new landlord is not entitled to any unpaid rent before the building had been sold.

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Comments:
: If the previous landlord made no real efforts to collect rent for seven years, the present landlord would have a hard time attempting to evict you for non-payment, even with an assignment of rents.

: The housing court judge would probably deny eviction for most of the back rent because of laches.  The court might issue a money judgment -- not a possessory judgment -- for most of the back rent.  The landlord could not evict you if you did not pay the money judgment, but could make other collection efforts, such as a garnishee of your wages.

: However, a possessory judgment might be issued for more recent rent, such as the last six months.  But you would still have your warranty of habitability defenses and counterclaims, which could substantially reduce the amounts of any money and possessory judgments.

: :
: : you asked a simple question: is a new landlord entitled to any rent owed to the prior landlord? The answer is no, not unless the new landlord has an assignment of rents from the old landlord. an assignment of rents is essentially a piece of paper that says the new landlord is entitled to collect any rent that had been owed to the old landlord prior to the time the building had been sold. without such assignment a new landlord is not entitled to any unpaid rent before the building had been sold.


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