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Posted by John on August 29, 2000 at 09:06:41:

In Reply to: Re: Building sold - How long can I stay? posted by Mark Smith on August 29, 2000 at 05:57:31:

Thanks for Clearing this debate with the details...

: Section 753 of the Real Property Actions and Proceedings Law (RPAPL) authorizes a judge to stay the execution of a warrant to evict a residential tenant in New York City for up to six months. The tenant has to pay use and occupancy each month that he or she holds over. It is up to the judge to determine the length of the stay and the amount of use and occupancy.

: Most housing court judges would be sympathetic to the needs of a family with children, especially with the low vacancy rate in New York City. However, the judge would also have to consider the housing needs of the new owner.

: If an appeal is filed, there is an automatic stay [CPLR §5519(a)(6)] for which the appellate term, on the motion of the tenant, generally conditions the stay on the continued payment of use and occupancy.

: RPAPL Article 7 (see Section 753) :
: http://www.tenant.net/Other_Laws/RPAPL/rpapl07.txt

: or click on the link at the end of this message

:
: :
: : I live in New York City. My landlord put the building up for sale and on the first day of showing it, someone bought it. They informed me on July 9,2000 the same day. They informed me that I would have to move by September 30 and the landlord also sent me a certified letter and 30 day notice. My landlord offered to assist me in finding a new apartment and to pay my first months rent for the new place. They are also returning my security deposit with interest. I have no lease. I have lived here 8 years and have a wife and two children. If I can't find an apartment, can the new owners hold me responsible for their mortgage since they cannot move in with me here or can I be evicted by my present landlord who served me with the 30 day notice? Our credit is bad which made it difficult to find a place so far. Speedy reply please.

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: Thanks for Clearing this debate with the details...

: 
: : Section 753 of the Real Property Actions and Proceedings Law (RPAPL) authorizes a judge to stay the execution of a warrant to evict a residential tenant in New York City for up to six months.  The tenant has to pay use and occupancy each month that he or she holds over.  It is up to the judge to determine the length of the stay and the amount of use and occupancy.  

: : Most housing court judges would be sympathetic to the needs of a family with children, especially with the low vacancy rate in New York City.  However, the judge would also have to consider the housing needs of the new owner.  

: : If an appeal is filed, there is an automatic stay [CPLR §5519(a)(6)] for which the appellate term, on the motion of the tenant, generally conditions the stay on the continued payment of use and occupancy.  

: : RPAPL Article 7 (see Section 753) :
: : http://www.tenant.net/Other_Laws/RPAPL/rpapl07.txt  

: : or click on the link at the end of this message  

: : 
: : :
: : : I live in New York City. My landlord put the building up for sale and on the first day of showing it, someone bought it.  They informed me on July 9,2000 the same day.  They informed me that I would have to move by September 30 and the landlord also sent me a certified letter and 30 day notice.  My landlord offered to assist me in finding a new apartment and to pay my first months rent for the new place.  They are also returning my security deposit with interest.  I have no lease.  I have lived here 8 years and have a wife and two children. If I can't find an apartment, can the new owners hold me responsible for their mortgage since they cannot move in with me here or can I be evicted by my present landlord who served me with the 30 day notice? Our credit is bad which made it difficult to find a place so far. Speedy reply please.


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