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Posted by Mark Smith on March 09, 1999 at 20:39:47:

In Reply to: Can new landlord kick me out? posted by Pete on March 08, 1999 at 21:51:15:

I forgot to ask whether you or the other tenants were named as parties in the foreclosure proceeding. If the apartments are rent controlled or rent stabilized, it doesn't really make a difference, because you are protected from eviction by the rent laws. However, if the apartment is not rent regulated, you can't be evicted until the end of your lease term, if you were not named as parties in the foreclosure proceeding.

The March 10, 1999 edition has an interesting commercial case which addresses that issue, Citywide Capital LLC v. Villanueva, Kings County (Brooklyn), Civil Court, Part C, Judge Baynes. Click on the link below to read the full decision.

: My landlord just lost his building in foreclosure. The NEW landlord is a real
: estate company that wants to sell the building vacant and has asked all
: tenants to move out.

: I signed a two-year lease with my original landlord. Does the new landlord
: have the right to kick me out or does my original lease still apply. What
: about my deposit? Who's responsible for returning my deposit if I do move out?
: My old or new landlord?

: Any help would be greatly appreciated. I just moved into my place in Sept 98
: and the thought of having to move again is unbearable.

: Thanks in advance!

• Citywide Capital LLC v. Villanueva

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: 
: I forgot to ask whether you or the other tenants were named as parties in the foreclosure proceeding.  If the apartments are rent controlled or rent stabilized, it doesn't really make a difference, because you are protected from eviction by the rent laws.  However, if the apartment is not rent regulated, you can't be evicted until the end of your lease term, if you were not named as parties in the foreclosure proceeding.  

: The March 10, 1999 edition has an interesting commercial case which addresses that issue, Citywide Capital LLC v. Villanueva, Kings County (Brooklyn), Civil Court, Part C, Judge Baynes.  Click on the link below to read the full decision.

: 
: : My landlord just lost his building in foreclosure.  The NEW landlord is a real
: : estate company that wants to sell the building vacant and has asked all
: : tenants to move out.

: : I signed a two-year lease with my original landlord.  Does the new landlord
: : have the right to kick me out or does my original lease still apply.  What 
: : about my deposit?  Who's responsible for returning my deposit if I do move out?
: : My old or new landlord?

: : Any help would be greatly appreciated.  I just moved into my place in Sept 98
: : and the thought of having to move again is unbearable.

: : Thanks in advance!



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