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New owner am I obligated?

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New owner am I obligated?

Postby yamasnowman » Fri Oct 18, 2002 10:58 pm

I live in Niagara Falls, NY
When I signed a renewal lease, between myself and the former property owner of the complex I live in, I was of the belief that this was a contract between myself and this owner. Apparently the former owner has sold the property because today I recieved instructions from the new landlord pertaining to where the rent should be sent.

1. I thought the initial owner had to notify tenants of sale by certified mail, is this correct and what penalties apply to the owner for failure to comply?

2. Am I obligated to this new owner for the remainder of my lease?

Thank you for your assistance.
yamasnowman
 
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Joined: Fri Oct 18, 2002 1:01 am
Location: Niagara Falls

Re: New owner am I obligated?

Postby yamasnowman » Fri Oct 18, 2002 11:19 pm

Terribly sorry I guess I posted in the wrong forum. I would still appreciate an answer if possible. To save resources I will not repost unless requested or no-reply
yamasnowman
 
Posts: 2
Joined: Fri Oct 18, 2002 1:01 am
Location: Niagara Falls

Re: New owner am I obligated?

Postby lappert » Sat Oct 19, 2002 10:43 am

It's not a question of the the new owner being bound by the terms of the lease (rental amount, duration, etc.). He is bound as the lease is an encumbrance/obligation on the property and the new owner must see it through. However, there are instance where tenants receive such notices which a) may be fake, or b) early, before the property transferred or c) other. What happens if the tenant pays the new "owner" but he's not really the new owner or not yet? The tenant would be in a bind as the old owner could come after the tenant. The tenant should receive some official notice a) informaing him of the new owner and b) a release of obligations from the old owner - this could all happen in one document. If not the tenant is at risk. The new landlord (if in court) must prove he has standing by producing the deed. However, in some instance, usually foreclosure situations where the new owner might have the right to evict tenants, if the tenant pays the new owner, and the owner accepts, then a new "landlord-tenant" relationship has been created, i.e., a new contract. In these situations, the tenants sometimes receive a "Notice of Attornment" or a "Notice to Attorn." But this stuff happens in foreclosure situations and that doesn't sound like your situation. If there's any doubt that the new owner has the right to collect rent, see a lawyer as you're just protecting yourself. 'Me Again's' comment on damages is meaningless as the poster said nothing about damages or suing.
lappert
 
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