General Question

BraveWarrior's avatar

Is it "customary practice when selling a house that has tenants" to have a lawyer send a letter of eviction to the tenants?

Asked by BraveWarrior (1330points) March 29th, 2010

Not looking for legal advice here, just some knowledge/experience, especially from Real Estate Agents. We’ve been renting a house in NY for over 8 years. ALWAYS paid rent on time, mostly early, sometimes 2 months in advance, NEVER late even 1 time. Payments were cash payments to the absentee landlord who owns the house. At the end of January we gave 2 months notice that we were moving so the landlord decided to sell the house rather than try to rent it again since she is now physically disabled & her parents are elderly. Due to her disability, house ownership was recently changed to “FamilyName Trust”. We have been beyond cooperative with the realtor in showing our home & holding open houses, bid was accepted, house is in contract. We received the following in an email from the Realtor: ” [landlord’s] **lawyer must send out a letter of eviction. we know you are moving, but this is the customary practice when selling a house that has tenants.**” I am shocked & very upset since letters of eviction, as far as I know, are to throw out a tenant for not paying their rent and we’ve always been early paying our rent & took great care of the house since we’ve been living there. BTW, we had a lease for the 1st year only so there is no lease needing to be terminated, and we did give a letter stating our move out date (1½ mos later than we originally gave notice for in order to give her more time to sell the house).

Sorry so long… thanks very much for your time in reading the details & for your time in responding.

Observing members: 0 Composing members: 0

14 Answers

dpworkin's avatar

In New York a new purchaser must prove to a housing court that he or she needs the space for his or her own family. You can tie them up for years.

susanc's avatar

@dpworkin: but they don’t want to tie them up.

@BraveWarrior: It sounds like a formality. There’s no argument; it’s not personal. Right?
Call your landlady to make sure there’s not an issue you haven’t understood.
Legal stuff always feels mean. But
“eviction” doesn’t have to mean what you think it does.

jca's avatar

I agree with @susanc : legal stuff is often formal and sounds harsh. the letter did say “we know you are moving” so i’m sure they just want to formalize the proceedings in case you change your mind. you should check the laws regarding housing in your state but on the other hand, you are moving anyway, so why bother?

malevolentbutticklish's avatar

Of course they must start the eviction process in case you do not move on your own. I don’t see this as a problem since you are moving on your own anyway. Don’t get worked up about it if there is no actual problem.

BraveWarrior's avatar

Thanks all very much for your answers. My concerns are that an eviction notice could hurt us in the future, say, by ending up on our credit report. After all, it is coming from a lawyer, not from the realtor or the landlord. Since we’ve only paid by cash payments & the landlord (or since she’s become disabled, her father or other family member) has never given us a receipt, I’m afraid we wouldn’t be able to prove that we’ve always paid and on time. (I know, big mistake, one we’ll never repeat.) Even waiting til mid May to move out, the closing won’t be after we move out (June earliest) as the purchaser doesn’t even have the mortage yet, so why would they start an eviction process? Wouldn’t eviction notices become part of some type of public record? In addition to not being on my credit report, I wouldn’t want my friends, family, neighbors, coworkers to think we’ve been evicted from our home, like some deadbeats.
I’m sorry to go on & on but I’m just so upset about this. Thanks for understanding.

malevolentbutticklish's avatar

@BraveWarrior: Does the eviction notice say that you haven’t paid on time? I think there is a big difference between eviction for nonpayment or violations vs eviction for eminent domain, chemical spill, etc.

BraveWarrior's avatar

@malevolentbutticklish We haven’t received the notice yet, only the email from the realtor saying we’ll be receiving one from the lawyer. We asked the realtor if we can get a copy in advance so we can consult a lawyer ourselves, but haven’t gotten a response yet.

njnyjobs's avatar

@BraveWarrior the eviction process will only hurt if it goes to court and a judgment is passed against you with a court-ordered removal. Otherwise, the seller and/or buyer are just making sure that all the t’s and i’s are crossed and dotted as may be required for the closing.

BraveWarrior's avatar

@susanc @jca @malevolentbutticklish @njnyjobs Thank you so much. I really feel much better and calmer now. I really appreciate your taking the time to answer me, and for not making me feel foolish. Thanks again.

susanc's avatar

@BraveWarrior: you aren’t foolish. But establish a paper trail next time, like you said!!

YARNLADY's avatar

Look at the Tenants rights website for New York.

BraveWarrior's avatar

@YARNLADY Thank you for the suggestion.

For anyone else who might benefit, here are the links for 2 sites I found which are for New York State (not just NYC):

Tenants Rights Guide
http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

30 Strategies for Guarding Your Tenant Rights
http://www.mcadamslaw.net/tenantrightsreport.html

BraveWarrior's avatar

Ok, the Realtor called and apologized, saying that she was wrong to call it an “eviction” notice. She said it is a 30 day notice ending the month-to-month tenantcy. I found this to be legitimate in the Tenants Rights Guide (so thanks again @YARNLADY for that suggestion). Thanks again, everyone!

Response moderated (Spam)

Answer this question

Login

or

Join

to answer.

This question is in the General Section. Responses must be helpful and on-topic.

Your answer will be saved while you login or join.

Have a question? Ask Fluther!

What do you know more about?
or
Knowledge Networking @ Fluther