How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask rayanswers Your Own Question
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 40081
Experience:  30 years as a Texas lawyer dealing in landlord tenant
8534270
Type Your Landlord-Tenant Question Here...
rayanswers is online now
A new question is answered every 9 seconds

We have lived in our apartment for 13 years. The current

Customer Question

We have lived in our apartment for 13 years. The current owner has owned it for 10 years. We didn't ask for a new lease when it expired because we have become friends and he said he had no intention of selling until our youngest graduated high school (in two years). Well, he all of sudden decided to put the house up for sale.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: We are curious what our rights are with a new owner coming in and a potential sale
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: We are in NY
JA: Anything else you want the lawyer to know before I connect you?
Customer: Staten Island No, that is it.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 7 months ago.
Thank you.
Expert:  rayanswers replied 7 months ago.

Here you are month to month tenants in NY if the lease expired.You are entitled to at least 30 days written notice from the landlord.If there is a new landlord it runs from when you are noticed.Honestly I would at least look for alternatives.It is possible the new owner may want to live there or otherwise give you notice.

You don't need to panic but keep your options open here, look around, see if they sell it.see what new owner wants to do.You have at least 30 days since no notice has been given here as a month to month tenant.

I appreciate the chance to help you.Let me know if you have more follow up.Thanks again.

Customer: replied 7 months ago.
Thank you for the information. Just to clarify, once notice is given to us, we would only have 30 days to vacate the apartment?
Customer: replied 7 months ago.
Also, the verbal agreement that he wouldn't sell (which is the reason we never looked into moving) would not hold any water?
Expert:  rayanswers replied 7 months ago.

Yes 30 days once written notice is given here.A verbal lease is not recognized here in NY. It has to be in writing and signed by the parties to be legal and recognized.Sorry please don't shoot the messenger.Thanks again.

Customer: replied 7 months ago.
Not the answers I was looking for but understood! Thank you for the information.
Expert:  rayanswers replied 7 months ago.

Here in the area of the sale or leasing of real estate, New York’s Statute of Frauds is set forth in GOL section 5-703 which provides that all conveyances of real property and leases longer than one year in duration must be in writing.

Expert:  rayanswers replied 7 months ago.

You are welcome.Thanks for the chance to help today.

Expert:  rayanswers replied 7 months ago.

If you can positive rate it is always much appreciated.I hope you can work this out or find other housing.

Customer: replied 7 months ago.
Already rated! THANK YOU, again! I hope we can find other housing too if it sells! The rent 13 years ago is NOT the same as it is now and having one child in private school and the other just starting college is not conducive to paying an additional $600 a month in rent (which is what is out there for what we need)! :o(
Expert:  rayanswers replied 7 months ago.

I understand. Wish you the best here, maybe new landlord will lease to you.

Expert:  rayanswers replied 7 months ago.

If you can rate 5 stars it is much appreciated.Take care now.

Customer: replied 7 months ago.
I have rated the 5 stars. Thank you, again!
Expert:  rayanswers replied 7 months ago.

Be now and thanks.Clearing my screens.

Related Landlord-Tenant Questions