Monsey, NY asked in Landlord - Tenant for New York

Q: pls see below

I have rented, in Rockland County, NY, a small cottage, for more than 6 years, always paying early. There is a small shared wall in living room w/main house. The 6 month signed lease we had expired 05/31/23. Landlord emailed he agreed to renew, for 12 months this time. However, before he gave me a doc to sign, he put whole property up for sale. Now he says it's unethical for him to sign said lease with me as he does not intend to stay put. I think that signing said lease, as agreed, would give me security I am desperate for as I am on SSDI & require certain accommodations just like this one that can't be found elsewhere. Isn't it true that a lease signed as such does not commit current landlord to stay put, that it is ok & legal to give it to me, as it would revert on to the new owner?

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

A: I am sure the buyer does not want you there. It would de-value the property to have a lease. Thus, if you have no lease, you are a month to month tenant, and can be evicted. There is no obligation to give you a new one. You might have some leverage to ask for a few dollars to leave peacefully, rather than making the owner litigate with you.

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Monsey Tenant

Your tenancy continues month to month until your landord or the new owner provides the notification required by NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C].

But let us say that the writing is on the wall. Your landord or the next owner eventually will get around to dealing with the legal process or pay you to move.

Right now you are in control. No one is able to make you move against your will. You could even get as long as one year, albeit not likely, to move when you resist the eviction lawsuit and deal with the landlord in court.

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