Landlord Didn't Send Tenant Post-Foreclosure Vacate Notice

May 31, 2010

LVT Number: #22677

Landlord brought a post-foreclosure eviction proceeding against tenant. Tenant signed a settlement agreement with landlord. Landlord was given a judgment of possession, and tenant agreed to move out by Oct. 31, 2009. Tenant later obtained an attorney and asked the court to vacate the settlement and dismiss the case. The court ruled for tenant. Under the Protecting Tenants at Foreclosure Act of 2009, landlord was required to give tenant a 90-day vacate notice before starting the eviction proceeding.

Landlord brought a post-foreclosure eviction proceeding against tenant. Tenant signed a settlement agreement with landlord. Landlord was given a judgment of possession, and tenant agreed to move out by Oct. 31, 2009. Tenant later obtained an attorney and asked the court to vacate the settlement and dismiss the case. The court ruled for tenant. Under the Protecting Tenants at Foreclosure Act of 2009, landlord was required to give tenant a 90-day vacate notice before starting the eviction proceeding. Landlord took over the building after the law went into effect and sent tenant no notice before starting the eviction case.

JP Morgan Chase NA v. Weathers: NYLJ, 5/26/10, p. 28, col. 3 (Civ. Ct. Queens; Katz, J)

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