If my landlord never signed my lease and wants to evict me as he has an offer on the house. is there any way he can actually do this?

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If my landlord never signed my lease and wants to evict me as he has an offer on the house. is there any way he can actually do this?

My landlord wants to sell the house I have lived in for the last 2 1/2 years. I am a third of the way through a new tenancy. He has not signed it however, but has taken money according to the agreement (first, last, deposit and rent). He is offering me money to leave. If I stay can he legally evict me. He has said this in his last email, “If this whole affair goes into foreclosure, you would be automatically evicted through that process, and you would likely get no compensation or refunds whatsoever.” Is this true and how long would this process take?

Asked on February 7, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you signed a written lease for the unit you are occupying and have a copy of the lease but it is not signed by the landlord, you have a written lease for the term of the document you have in hand. If the landlord is offering you money to vacate the unit, he or she must realize that you have a lease for the unit.

If you have a term remaining on your lease and are current in your payments, the landlord cannot legally evict you. If the unit goes into foreclosure, you legally can remain in the unit paying your rent unil the term of your lease ends.

I suggest that you consult further with a landlord tenant attorney about the question you are writing about.


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