If my landlord is being forecelosed because he hasn’t paid his mortgage in 2+ years, what is our legal obligation to pay rent to him when/if he loses the house?

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If my landlord is being forecelosed because he hasn’t paid his mortgage in 2+ years, what is our legal obligation to pay rent to him when/if he loses the house?

We’ve lived in the building for 3+ years but never had a renewed/written lease with him after the first year.

Asked on October 19, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Once he is no longer the landlord--that is, once the foreclosure has occured--he will no longer be your landlord, since he will no longer own the home and therefore no longer be able to grant you possession of your rental premises. Therefore, once he is foreclosed upon, you should not pay him rent.


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