Brooklyn, NY asked in Real Estate Law and Landlord - Tenant for New York

Q: I live in a house in brooklyn i rent 1/3 of the house ground floor when the house is sold how long before i must leave

2 Lawyer Answers
Mitchell A. Nathanson
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Answered
  • Landlord Tenant Lawyer
  • Garden City, NY
  • Licensed in New York

A: Assuming that the house is "legal", if you have a lease you are entitled to stay until the end of the term of your lease. Whether or not the house is sold, you must be served a 30 days' notice to terminate the tenancy if you do not have a written lease. If you stay beyond the termination of the lease then the owner must serve a Notice of Petition and Petition which will state a court date. Before you may be evicted the owner must obtain a judgment of possession and warrant of eviction. Once the warrant is issued the Marshal will serve a 72 hours' notice for you to vacate before being evicted.

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Barry E. Janay agrees with this answer

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: The buyer will have to evict you, so several months. However, there may be an opportunity to get paid to move out sooner, as a vacant unit might be worth something to the buyer or seller.

Barry E. Janay agrees with this answer

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