If you are a tenant in Nassau County or Suffolk County, and you have discovered that the house owned by your landlord, where you reside and where your apartment is, is now in foreclosure, you still have a legal obligation to continue to pay rent. The view of the courts is that the landlord’s finances are none of a tenant’s business. If your landlord wants to take your rent money and go to Disneyland instead of paying the mortgage, that’s his business, and not yours. As long as you live there and the landlord still owns the house, you must pay rent to the landlord. If you don’t pay rent, your landlord can evict you.

The fact that the landlord’s bank is suing him has no effect on your obligation as a tenant to pay rent. Most foreclosure actions go on for years, and many are settled with a modification of the mortgage, meaning the landlord will get to keep the house. During the pendency of a foreclosure action, the landlord still owns the house and maintains all of his or her rights, and rent must be paid by the tenant or the tenant may be evicted.

James D. Murtha, Esq.

Author James D. Murtha, Esq.

I am a Managing Member at the Murtha Law Firm, LLC, and I am an eviction lawyer in Suffolk County and Nassau County, Long Island, New York. You can call me, right now at (631) 747-0356, and I'll be happy to speak with you for free about the New York eviction process.

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