The homeowner's house, who was the LL and my roommate, is officially in foreclosure in Westchester, NY. I read over the M2M tenant rights in the TenantNet Forum, but this situation is slightly different.
The LL left on September 5th - for a lengthy rehab. Since then, his two sisters have taken over. Just after the foreclosure papers were dropped off at the door (I took a copy, they left 6), I received a letter from the sisters telling me I have 60 days to leave. They told me they don't want to endure the utility bills, and my being here will be an added expense. I offered to pay more - to no avail.
However, I ALSO received a pink form letter from the trust and law firm foreclosing party (1303 Tenant Notice of the Real Property Actions & Proceedings Law) In short, informing me that if I have a lease I may be entitled to remain, if it was not substantially less than fair market rent for the property. If I do not have a lease, I will be entitled to remain in the home until 90 days after any person or entity acquire the title. etc, etc. required by section 1305 of RPAPL.
I've paid my rent in cash every month, and gotten receipts. The first year, however, was paid by a NY state check - as I'm on SSI. The rent would be substantially less than market - if the duplex were up to market standards. But given the state of the duplex, it is fair. I am renting a room in the home of a hoarder and clutterer. It is ing.
But the areas I live in are usable and clean - after I spent my first days cleaning, and now, maintaining- the kitchen, bathroom, my room, and the landing. I did 60 loads of his laundry just to be able to walk past the landing. So sad. It was a beautiful duplex in a community along the Rivertowns.
Which letter do I have to pay attention to? At this point, I'm pulling for the foreclosure (I think?). And, if I reveal what I'm paying, should I explain why? I don't have enough money to move yet. What do I do to fight? What will buy me more time? Will anyone read this? That's the advice I'm seeking.