Asked in Real Estate Law and Landlord - Tenant for New York

Q: I have a lease throught my boss whom has a lease on a horse farm with a house. I rent the house from my boss.

The owner of the house has secretly been negotiating a sale of the property. Closing is in 5 weeks and I am being told we are out. My lease states I need a 90 day notice but my boss is running scared on her lease. Not sure what to do or my rights.

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You are a subtenant. Your lease is subject to the lease of the main tenant. Thus, whether you can stay is governed by both documents. If there is an inconsistency, i.e. you get 90 days notice and your boss only gets 30, then you may have a claim against your boss, as sublandlord, but you do not have a right in the land.

Barry E. Janay agrees with this answer

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: While I agree with the other attorney below, I think you have some bargaining power with the property owner who is ultimately selling and engaging a lawyer could prove to be worthwhile for you to negotiate a buyout of the remaining term of the lease. I would be happy to assist you further if you want to email me.

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