Queens, NY asked in Landlord - Tenant for New York

Q: Can my landlord tell me to leave a month before lease ends because of issues with them trying to sell the property?

Nov 1st 2023 I have a 1yr lease agreement on a house that my landlord is now trying to sell. May 30th 2024 landlord stated he found a buyer and signed with them but didnt have an official closing date but told us house will be closed sometime before the end June and we should be gone by July. because of the short notice we had no where to go. landlord said we can live out the security for month of June and not pay rent for that month. very long story short landlord had gotten a closing date for July 5th but by July 10th buyer pulled out and the house no longer was sold. so we ended up paying for the month of July. because we lived out the security for month of June they said i have to leave before October 1st. I wanted to know was that legally ok to live out June with security deposit because technically we no longer have a security?

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1 Lawyer Answer

A: Dear Queens Tenant:

The truth is that unless the lease allows the landlord a right to early termination, you do not need to accommodate the owner's house sale. Even a properly ended lease in New York does not require the tenant to move out voluntarily. The tenant could wait it out and have their day in Queens Housing Court. That could buy you as much as an additional six months or more in the house before a Judge decides you must leave.

By the way, the security deposit is your money. You exchanged it for one month of rent. You do not owe an additional security deposit, and you can stay in the house as long as you want to.

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