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  1. #1
    antoinette1017 Guest

    getting kicked out with no notice

    What is the name of your state? NY
    I have a few questions. My sisters landlord called her and said the house that she (my sis) is renting is being forclosed on, she told my sister to get out within the next two weeks. My sister told her she needed time to find a place for her and her kids to go. The landlord said give your kids to a friend or a family member and move out. The landlord said the house has been forclosed upon for a few months now, but she failed to tell my sister that. My sister has been paying rent and the landlord does not own the house anymore. I need to know how long my sister really has before she has to get out. Alsocan she get the rent money back that she has been paying from the date of foreclosure. Please tell me what she can and can't do.
  2. #2
    franklin2003 Guest
    WHAT HAPPENS WHEN MY LANDLORD
    LOSES THE BUILDING TO FORECLOSURE?

    By: South Brooklyn Legal Services

    The economic recession is likely to make it difficult for many landlords of small buildings to pay their
    mortgages. When this happens, banks try to get their money back by foreclosing and selling the building at an
    auction. Although it is the landlord who loses his or her building, the tenants may suffer too.

    WILL I LOSE MY APARTMENT IF THE LANDLORD LOSES THE BUILDING?

    Maybe. It depends on what kind of housing you live in. For tenants whose apartments are rent regulated (either
    rent stabilized or rent controlled), the foreclosure does not affect the tenancy and the tenant can remain in her
    apartment.

    Tenants who have Section 8 certificates or vouchers (federal rent subsidies) may be able to remain in their
    apartments until their leases run out. By then, a new landlord may be willing to accept them as tenants with the
    Section 8 subsidy. But the landlord will not be required to give the tenant a new lease.

    Tenants in small buildings (fewer than six apartments), who are not rent controlled, and who do not have a federal
    rent subsidy, will probably have to move out. But if there is time left on a written lease the tenant may be able to
    stay through the end of the term.

    WHAT WILL THE BANK DO TO GET ME OUT?

    At the end of the foreclosure proceeding there is an auction at which the building is sold to the highest bidder.
    Usually, the bank that forecloses buys the building. When the bank becomes the owner it almost always tries to
    do two things: evict the tenants; and sell the building. There are two ways that a bank or other new landlord can
    try to evict you.

    The bank will start by serving a Notice to Vacate or Notice to Quit that requires you to move out within ten days.
    If you do not move, the bank will proceed with an eviction proceeding.
    The first kind of eviction proceeding will be brought in Supreme Court in the form of a Motion for an Order of
    Eviction or for a Writ of Assistance. Although the first page of the court documents will say that it is a case
    brought by the bank against the landlord, it is the tenant who will have to go to Supreme Court to defend against
    being evicted.

    The second kind of eviction proceeding is brought by the bank directly against the tenant in Housing Court. You
    must also defend against eviction in this kind of case.
    Both of these kinds of proceedings can result in your eviction by either the Sheriff or Marshal. If you are served
    with court papers, try to get a lawyer to help you. The main thing to remember is: Do not ignore court papers.
    If you do you could be evicted even if you have a good defense.

    HOW DO I GET REPAIRS DONE IF MY LANDLORD IS BEING FORECLOSED UPON?

    Ask the landlord. But it may not be easy to get repairs done, since your landlord is losing the building and will
    not want to pay money for repairs. If the landlord refuses to make repairs, you can sue the landlord in Housing
    Court to force him or her to make repairs. This is called an HP proceeding. The Housing Courts in all the
    Boroughs of New York City have clerks that can help you start a case against your landlord. When you get to
    court, a lawyer from the New York City Department of Housing Preservation and Development (HPD) should
    help you.
    If your landlord has disappeared, you can try to get HPD to make the repairs. Call the Central Complaint number
    at 212-824-4328. HPD will usually only fix emergencies.

    The other possibility is self-help. You and other tenants in the building can set aside your rent money and make
    the repairs on your own or by hiring someone to help you. Make sure to keep receipts for all your expenses.
    And make sure to keep proof (in writing) that you tried to get the landlord to make the repairs first.

    Finally, you can try to get the bank that is foreclosing to make the repairs. You can do this either by calling the
    bank or by going to court. If the bank has not yet become the owner it will not want to make the repairs. You can
    ask the judge (in the foreclosure action) to force the bank to make repairs, but this is difficult to accomplish and
    you will probably need a lawyer to help you. If the bank has already purchased the building at the auction it has
    become your new landlord and is legally responsible for making the repairs. If it refuses to do so you can sue it
    in an HP proceeding as described above.

    South Brooklyn Legal Services
    105 Court Street, Brooklyn, NY 11201
    (718) 237-5500 Fax: (718) 855-0733 12/01
  3. #3
    abezon is offline Senior Member
    Join Date
    Aug 2002
    Location
    Washington
    Posts
    3,484
    In other words, LL can't say "you have to leave because the building was foreclosed." The bank has to tell her to leave. And even then, they might not be able to make her leave.
    This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.

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