Rent-to-own agreements typically come with contracts laying out all of these terms and requirements for what happens when there is a breach of the agreement. However, if the buyer breaches the agreement, the seller often will sue for breach of contract or for a simple eviction instead of going through foreclosure.
So, can a landlord break a rent-to-own contract? In short, yes. However, breaking a contract cannot happen for no reason. Landlords have the right to terminate the agreement if there is a breach of contract.
If you want to start an HP action against the property owner, go to the Clerk's Office at the Housing Court. You do not need a lawyer to start an HP case. For more information about HP actions, visit the website of the New York State Unified Court System.
Conversely, if you decide not to buy the house—or are unable to secure financing by the end of the lease term—the option expires and you move out of the home, just as if you were renting any other property.
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
New York residents should know that lease-to-own, rent-to-own and land installment contracts may violate New York laws and regulations regarding fair lending, mortgage protections, interest rates, habitability, property condition and/or real property disclosures.
Manhattan Downtown Agency: New York Courts. Division: Manhattan Housing Court. Address: 111 Centre Street, New York, NY, 10013. Phone Number: (646) 386-5500. Business Hours: Monday - Friday: 9 AM - 5 PM.
Court Locations Court Weather or Emergency Operations Updates(866) 752-7362 Main Telephone Number (718) 613-2600 ADR Administrator (718) 613-2577 Arbitration Clerk (718) 613-2326 Attorney Admissions and Attorney E-Filing Requests (718) 613-228515 more rows
The Civil Court of the City of New York consists of 3 parts: General Civil, Housing, and Small Claims. General Civil cases includes matters where parties are seeking monetary relief up to $50,000. The Housing Part hears landlord-tenant matters and cases involving maintenance of housing standards.
Call Housing Court Answers at 718-557-1379 or 212-962-4795 from Monday - Friday, between 9am and 5pm. Call 311 and ask for the Tenant Helpline. Email OCJ at civiljustice@hra.nyc. Please provide a name, telephone number, and a Housing Court case index number for your eviction case (if you have one) in your email.