QUESTION
My landlord did not inform me about the foreclosureand continued to cash rental check.What are my rights related to the bank that has foreclosed,
Asked on Aug 26th, 2017 on Residential Real Estate - New York
More details to this question:
Can I get the rent money back from the landlord because did not own the property and security deposit. How? The landlord renewed the lease even as he was in the process of foreclosing or may have already foreclosed. Is there any way to find this out in New York State. What rights do I have related to the bank that foreclosed. Does my lease hold, or how much time the bank should legally give for me to find another place. What if the bank does not accept rent from me. What should I do?
2 ANSWERS
1 Award
Your lease might still be valid. It depends on how it was done. As to the rent, you owed it at the time. Contact the bank and see what their position is, and who owns the property now.
Answered on Aug 31st, 2017 at 6:00 AM
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You're not entitled to a rent refund because you still had to pay to use and occupy the apartment, but you are certainly entitled to break the lease and demand the return of the security deposit. You can also try negotiatiing directly with the bank. Sometimes the bank will negotiate with and offer a year-long lease to an occupying tenant in a foreclosure situation, given that the foreclosure process is usually lengthy. The bank is not required to do this, however.
Answered on Aug 27th, 2017 at 2:45 PM