Dear Justice, my landlord’s property was recently sold in a foreclosure. Last week I received a notice from the new owner to leave my apartment within the next ten days. Can the new property owner evict me so soon after the sale?
Dear Justice Seeker,
Under New York law, a new property owner who purchased residential property in a foreclosure can ask previous tenants to leave the property. However, the new property owner needs to give the tenant proper notice prior to demanding that the tenant leaves.
What Must be in the Notice After the Landlord’s Property is Sold in Foreclosure?
First, the notice must be in writing and state that the tenant is entitled to remain on the property for the rest of the lease term or 90 days, whichever period is longer. If the new owner intends to live in the property as his permanent residence, then the previous tenant can stay no longer than 90 days. This 90 day maximum applies to only one unit. The new owner cannot live in multiple units as his permanent residence and ask everyone to leave within 90 days.
Further, the notice must inform the tenant that the new owner cannot change the terms of the lease. The tenant may continue living in the property under the same terms and conditions that existed before the foreclosure.
In addition, the notice must state the name and address of the new owner.
Good Luck!
Signed Justice
Find it in the New York Consolidated Laws, Real Property Actions & Proceedings § 1305.
Word of Caution — This post is for educational purposes. It explains what the law states about how a new property owner should treat tenants in a home that was purchased in a foreclosure. This post does not seek to advice what necessarily will happen to the anonymous Justice Seeker. The law and its processes may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.
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