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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2955
Experience:  Litigation Attorney
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I am part time super in 20 units building.Building was sold

Customer Question

I am part time super in 20 units building.Building was sold and land lord never inform us about this! I am not listed as tenant but I live in this apt for 14 years with my 75 years old sick mother! What kind rights I have and if I need lawyer can I use yours service? Ww live in East Village NYC! Thank you
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
Is your mother listed as the tenant and does she or you have a lease? If you don't have a lease, I'm assuming you pay month to month? Do you have any type of contract with the landlord for your role as super? What kind of arrangement do you have as payment for your role?
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
Generally, if your landlord sells the rental property where you live, your lease doesn’t end or terminate. Rather, the buyer of the property becomes the new landlord, and the buyer, as new landlord, is entitled to the same remedies against you for recovery of rent and for failing to meet the terms of the lease that the old landlord-seller had.
The new owner-landlord can’t evict you, can’t raise the rent on your existing lease, and he or she must get the security deposit that you paid to the old landlord and then refund it to you when the lease expires.
Likewise, you’re bound by the lease and must perform all your obligations and duties under it, such as paying rent, keeping the premises clean, and not destroying or damaging the property.
There’s one exception to the general rule that the sale doesn’t terminate the lease: if the lease states that it terminates automatically on a sale of the property by the landlord, that clause will be enforced, if challenged in court, so long as the sale was bona fide, that is, not fraudulent.
For example, if your landlord sells the property solely for the purpose of terminating the lease, a court would likely find that the lease did not terminate and that you’re entitled to stay on the premises or receive damages for the landlord’s wrongful conduct.
Here is the applicable statute in New York:
Real Property § 223. Rights where property or lease is transferred. The grantee of leased real property, or of a reversion thereof, or of any rent, the devisee or assignee of the lessor of such a lease, or the heir or personal representative of either of them, has the same remedies, by entry, action or otherwise, for the nonperformance of any agreement contained in the assigned lease for the recovery of rent, for the doing of any waste, or for other cause of forfeiture as his grantor or lessor had, or would have had, if the reversion had remained in him. A lessee of real property, his assignee or personal representative, has the same remedy against the lessor, his grantee or assignee, or the representative of either, for the breach of an agreement contained in the lease, that the lessee might have had against his immediate lessor, except a covenant against incumbrances or relating to the title or possession of the premises leased. This section applies as well to a grant or lease in fee, reserving rent, as to a lease for life or for years; but not to a deed of conveyance in fee, made before the ninth day of April, eighteen hundred and five, or after the fourteenth day of April, eighteen hundred and sixty.
You should not need an attorney unless the new landlord decides to wrongfully try to evict you or your mother. This is assuming that you have a lease. The new landlord could decide to not renew the lease when it expires or evict you according to the laws of New York (you would have to break the terms of the lease in order for this to happen).
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated.
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, please let me know if I can do anything further. Please positively rate my answer as it is the only way I will be compensated.
Expert:  Christopher B, Esq replied 1 year ago.
Any chance for a positive review? I would like to make you happy with your question and I just ask that you let me know if you have any further question.
Expert:  Christopher B, Esq replied 1 year ago.
Just checking back in, please let me know if you need anything else and please click on the 1 to 5 rating or the smiley faces and give me a positive rating if satisfied. This is the only way that I am compensated from the site. US little guys need the recognition too. You don't realize how much it would be appreciated for a positive rating.