Eviction in Nassau County, NY

[jeanine]

What are the eviction procedures in Long Island, NY (Nassau County more specifically). We are renting a house with the option to buy. We were set to purchase the home and close on March 8th. All of a sudden, the seller (who is also a relative) refuses to sell to us because she felt snubbed by another family member. We never received a copy of the signed contract which apparently she tore up. There is of course speculation on whether or not it was signed.

We have been told to leave by May 1st. What happens if we don't? How long will the landlord/tenant court process take? We are still paying rent and utilities. What we need is time to find a new place and anyone whose ever rented on Long Island knows how much time it takes to find a decent, livable apartment or house.

Also, our attorney thinks we can sue for damages. While that is going on can we get some kind of order to stay in the house until this is resolved?

 

[dj1]

well did you put any money into an escrow account?

That would show you did have a deal, and would be able to sue for the damages.

They have given you PROPER notice for eviction, since it is past the 1st they must give you a full month to move so May 1st is the correct date.

What happens if you dont move? You could be liable for ALL the NEW tenant moving expenses,hotel room, meals, everything Plus the landlord would evict you and you still would have to pay Mays rent plus if he wins his legal fees too..

It can get UGLY and expensive.

So you have plenty of time to move, You have days off from work you BOTH can take vacation sick and personal...USE THEM...

Since you have accumlated lots of JUNK...well sell it on http://www.ebay.com and have a garage sale, with less junk you can get a smaller apartment.

Since you or the lawyer doesnt have a signed contract and i assume there is no escrow, then you are classified as a renter not a potential buyer, and probably wont recoup anything unless you can prove that some of the rent money was going to be used as a down payment.

have FUN looking for a new place to live.....and if their deal falls through which between fighting relatives it will, then OFFER them 15-20% less then the price they were asking take it or leave it. You should get something for your troubles from this aggrivating stupid family.

 

[jeanine]

Eviction in Nassau County

Money to purchase the house was put in an escrow account and was separate from the rent, so I guess that is a plus for us considering they cashed it and I have copies of the check.

They will not be renting the house again, rather putting on the market through a realtor so I know we won't be responsible for the next tenant's fees. And her attorney is on retainer since the house is her elderly aunt's and she has power of attorney which she then gave to her attorney to do the closing, which would have been today.

Someone (not a lawyer) told us we could sue for 2x the amount of the deposit which was $10K. We haven't received it back yet and our attorney said to refuse it as it shows the deal was going through.

I guess the bottom line is, I don't want to be mean or vindictive but I feel we got shafted here and there has to be some recourse here. People can't just accept your offer for the house, cash your deposit check, contact the mortgage lender to confirm the closing and tell them they are getting fully signed contracts within a day or so, offer to pay for the termite treatment for the house AND then back out. Can they?

 

[dj1]

Actually YES they can...but they will be liable for all the damages.......

The mortgage bankers, have clauses for penalties associated with a cancelled closing, the broker will have to be paid
a fee for the breaking of the contract, YOU can sue for the deposit back AND your legal fees, and YOUR cancellation costs of breaking the mortgage, ANY non refundable points fees charges you must be reimbursed for.

So sue them for ALL your costs hey even the cost of your moving, why should you have to pay it?

Do not accept the check unless its like $15,000 at least.....you have expenses to cover

Have your laywer list all of your costs and present them with a total bill, and alternatively offer to take the $10,000 AND 6 months of FREE RENT to cover your out of pocket expenses, and they can start advertising the house is for sale on October 1st.

[Edited by dj1 on 03-08-2001 at 10:22 AM]