Legal Question in Real Estate Law in New York

My daughter rented an apt with a one yr lease. The landlord informed her six weeks later that she had to sell the house. A couple of people have looked but no buyer yet. Can my daughter break this lease now without penalty. The lease goes to August 1st.


Asked on 12/19/13, 8:22 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Not without LL consent.

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Answered on 12/19/13, 8:29 am
Walter LeVine Walter D. LeVine, Esq.

Not having seen the Lease, any response would be a guess. You do not know if and/or when the property will be sold, when a closing will occur and/or when your daughter may be asked to move, if even before the end of the Lease. It may be possible the new owner will want to continue the Lease and not actually occupy themselves. More facts need be known, as well as what the Lease itself says about a sale during the Lease term.

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Answered on 12/19/13, 2:18 pm
Kevin Connolly Kevin J. Connolly

The lease is good for a year and even if the house sells tomorrow, she can stay until the lease is up. If her possession is interfered with in any way than she stops paying rent. This includes harassment to make her more interested in moving. If things get sticky your daughter can make the landlord's life a living hell while in the worst case scenario she just moves, leaving behind the cinders of heck.

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Answered on 12/20/13, 5:35 pm


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