Bronx, NY asked in Landlord - Tenant for New York

Q: What can I do if my Mother, the landlord of a residence, used self help eviction tactics against me ? In NYS.

My Mother abandoned the house and relocated. Stopped paying the mortgage as well. Bought herself a new condo. My family and I are living in the home currently. There's a forebearance on the house, which I haven't found out since October 2020. There's utilities that aren't working in the home. Need help finding a new place to live. Looking to countersue for pain and suffering, emotional distress. I had been seen by a therapist in July 2020.

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

A: I'm not sure you'd be successful on the distress part. However, depending on whether you've been paying rent, you may be considered a tenant and can sue to have the utilities turned back on. You need an attorney, now!

1 user found this answer helpful

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

A: The landlord's failure to pay the mortgage or taxes on a property, does not automatically constitute an eviction and tenants are generally required to continue to pay the rent to the owner/landlord during a foreclosure case unless a receiver is appointed.

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