Buffalo, NY asked in Landlord - Tenant for New York

Q: landlord is selling the house I live in she is trying to let people come in our house to look around we are in Buffalo

New York and are in closing for COVID-19

We have told her no but now her realtor is saying he’s coming in anyway what can I do

And my landlord lives in Germany

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3 Lawyer Answers
Victor M. Feraru
Victor M. Feraru
Answered
  • Landlord Tenant Lawyer
  • Mineola, NY
  • Licensed in New York

A: So you can definitely hold out and negotiate with the landlord to be bought out. My office deals with these kinds of matters all the time. The landlords will have to evict you if they want you out without buying you out. Consult an attorney!

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: It is not uncommon for a landlord to seek to have real estate brokers show property that is already occupied. Most written leases have provisions that deal with the landlord's rights to show an apartment or house; therefore, you should review yours. New York has guidelines for showing property depending on the level of Covid infections in an area and you can certainly request additional precautions. If the property is sold, the new owner may keep you on as tenants or would have to commence a holdover case to compel you to move if they wanted you to vacate.

Toshinori Isoai
Toshinori Isoai
Answered
  • Landlord Tenant Lawyer
  • New City, NY
  • Licensed in New York

A: Unless your lease says otherwise or there is an emergency situation involved, the landlord is generally allowed to enter into the premise to prospective tenants or purchasers for purposes such as repairs, inspections, installation and showing the house/apt, provided that s/he gave you a "reasonable advance notice (24 hr)" for the upcoming entry.

Their visit is also required to be made at a "reasonable" time, which generally means after 9am and before 5pm, exclusive of weekends. So if the broker shows up at 5am with no prior notice with a wall street stranger who has to get to work early and want to see the place quickly before that, their entry may be lawfully rejected by you.

Depending on your relationship with the landlord and future intent of staying, etc, you may need to retain a lawyer.

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