Landlord-Tenant Relationship Ended When Tenant Agreed to Buy Building

August 31, 2007

LVT Number: #19848

Landlord sued to evict tenant, who had agreed to buy landlord's building. The court ruled for landlord. Tenant then obtained a delay of execution of the eviction warrant. Landlord asked the court to vacate the court order that delayed the eviction. The court ruled against landlord. Once tenant signed the contract of sale, the landlord-tenant relationship ended and tenant became a vendee. To evict vendee, landlord must send him a 10-day notice to quit, followed by a court petition for eviction on the grounds that tenant was a vendee under the contract of sale.

Landlord sued to evict tenant, who had agreed to buy landlord's building. The court ruled for landlord. Tenant then obtained a delay of execution of the eviction warrant. Landlord asked the court to vacate the court order that delayed the eviction. The court ruled against landlord. Once tenant signed the contract of sale, the landlord-tenant relationship ended and tenant became a vendee. To evict vendee, landlord must send him a 10-day notice to quit, followed by a court petition for eviction on the grounds that tenant was a vendee under the contract of sale. This was the requirement of RPAPL Section 735(9).

Sethi v. Kaur: NYLJ, 8/16/07, p. 29, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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