New York, NY asked in Landlord - Tenant for New York

Q: What do I do? What do I make of all this?

Mt landlord is selling his property after we have been renting for years. Over those years he has failed to do his duties as there is significant damage all over the house which includes molding, leaks, no heating other then a woodstove, the septic does not function properly as it fills with water, a fire which occurred because of a leak into a fuse box in the garage and much more. Now that he is selling the property he is trying to push us to get out without any deadlines. He just text every day asking if we found a place and trying to push and rush us out. We are having a hard time and really struggling finding a home because the housing market is so high and everything going on with the pandemic. We are at loss of what to do and feel like we should be owed something for his negligence over the years

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

A: If you have not yet been served with a Termination Notice or Petition there is really nothing much to worry about as your landlord has not begun the necessary steps to force you to move. As a result of the Covid Pandemic if the landlord does serve you with a Termination Notice, he will also be required to serve you with a Hardship Declaration. If you complete and submit the Hardship declaration, the landlord will be stayed from moving forward with an eviction case against you until at least January 15, 2022. Even at that time, the Housing Court system has basically been on hold through the Covid Pandemic and it will likely be many months before you receive a court date let alone a judgment of possession that would allow the landlord to evict you.

While you man not be entitled to any compensation for your unhappiness with how the landlord acted or failed to act in the past during your tenancy, you may be able to leverage the landlord's desire to sell the property to obtain a buyout for agreeing to move more quickly than the landlord would be able to evict you. Generally, the best way to negotiate for a buyout is to have a lawyer familiar with landlord tenant matters represent you.

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