What are a tenant’s rights if they are being evicted?

UPDATED: Mar 22, 2011

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What are a tenant’s rights if they are being evicted?

My landlord is selling her house that in the foreclosure process. She has a buyer who wants to purchase the house free of tenants. I’m on a month-to-month rental with no lease. My landlord gave me a verbal 30-day notice for February because closing date was in March. I didn’t leave and I stopped paying rent in January. My landlord went to court to get another 30-day eviction. I have to leave by 03/31. They said that I’m not paying and so they can’t afford to keep the house, and the sale closing date is now in April 1st. But I’m not ready to leave. They now want me to pay for my own heat and hot water as of the 1st. Can they turn off the heat and hot water and expect me to turn it on in my name to pay for my own heat and hot water?

Asked on March 22, 2011 under Real Estate Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, your landlord can not turn off your services to the house or change the terms of the lease unilaterally (on their own).  You have a month to month leasehold but as I can tell here, you have been evicted by court order, correct?  Is there an order of eviction and an order allowing the landlord possession of the house? Then I might suggest that you look in to moving rather quickly before the warrant is given to the Marshall to come and get you out.  They will post a notice and then padlock the door to the house.  Your possessions will be at risk of being placed outside on the lawn or sidewalk.  Time may be running out.  Get legal help. 

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