Elaine Shay's answer According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.
Elaine Shay's answer In the situation you described, you are essentially in the role of landlord to your "friend". Like any other landlord in a similar situation you will be required to commence an appropriate proceeding in Housing Court to obtain a legal eviction. If you take act without court authorization, your "friend" may seek assistance from the police and the courts as well as damages.
Elaine Shay's answer Simply put, it depends. Once you have entered into a contract to purchase property, a seller cannot simply backout because a better offer comes along. However, the issue is at what point you have an accepted offer that results in a binding contract. To evaluate your specific situation, a lawyer would need to review the exchanges that took place and advise you accordingly.
Elaine Shay's answer Many different issues can cause title to be unmarketable and, as a result, there are different actions that may need to be taken. Examples include actions to discharge an ancient mortgage or quiet title. In any event, it makes down to sit down with a lawyer in your area to discuss your options.
Elaine Shay's answer Unless you are in a rent-regulated apartment or have the protection of a lease, a landlord is permitted to verbally request that you move. If you fail to do so, the landlord may be required to serve a written notice before commencing a Holdover Proceeding in court to obtain a final judgment of eviction before actually being able to evict you. If you receive papers about the matter, don't ignore them.
Elaine Shay's answer Generally, in New York, you are expected to pay rent and/or use and occupancy for the time you occupy a premises. This is usually true even if you are being asked to relocate by the landlord. When you rent a premises you do so for a limited period of time and unless the property is rent regulated you are not entitled to a renewal lease so are expect to move.
Elaine Shay's answer Generally, the most appropriate forum to demand repairs in a landlord/tenant situation is in Housing Court through an HP Proceeding. It would be unusual, costly and most probably substantially slower to try to commence a case in Supreme Court to compel repairs.
Elaine Shay's answer Generally, if you have children with a property owner but are not legally married you would not have a claim to an ownership in the property. However, with the proper representation, the courts should recognize your financial dependence and compel the property owner to proceed in Supreme Court instead of simply prevailing in a Holdover Proceeding. In any event, you should also pursue your claims to child support in Family Court.
Elaine Shay's answer Your first step is to speak with the attorney representing you in this transaction. He or she should be familiar with the terms of the contract you signed and should be able to explain to you any options in your contract that might allow you to take the course of action you would like to pursue.
Elaine Shay's answer Landlords have the obligation to provide heat, hot water and other essential services. If these services are interrupted while repairs are being made, tenants may have the right to a rent abatement and may commence HP Proceedings in Housing Court where violations and hefty civil penalties can be imposed against landlords.
Elaine Shay's answer It isn't clear what your question is but you are correct to be concerned about a possible adverse possession claim. There is a statute of limitations that can bar you from objecting to an encroachment on your property and by waiting before bringing an action against your neighbor you may lose your right to do so. The law does not protect those who sleep on their rights.
Elaine Shay's answer With proper disclosure a lawyer may be permitted to represent both the seller and buyer in a real estate transaction. However, that does not make it a good idea!!! Regardless of whether the sale is to a stranger or a family member independent counsel is recommended.
Elaine Shay's answer It's possible that your payment and the eviction notice crossed in the mail. However, it is never safe to simply rely on the fact that no action will be taken because you forwarded a payment. If you have in fact received an eviction notice, you can go to Housing Court and request an OSC to stop any eviction because you have paid.
Elaine Shay's answer Unless you were issued an Order to Vacate, it is likely you confused what the inspector told you. I'd guess the inspector told you the landlord will have to send you a 30 Day Notice not that you must actually vacate in 30 days. There is a world of difference between the two and with proper legal representation you may be able to have substantially more time to move and even a financial settlement to help you do so.
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