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My home is in foreclosure proceedings no judgment has been made. My upstairs tenant is withholding rent. Is that legal?

Brooklyn, NY |

My upstairs tenant has been withholding her rent for 4 months now using the foreclosure as an excuse. My foreclosure attorney wrote her a letter demanding outstanding rent which she ignored. Now she is asking to see an escrow account? Explain please!

Attorney Answers 4


Dear Brooklyn landlord:

The tenant's rental obligation does not cease because the landlord is engaged in a foreclosure. The landlord retains the right to collect rent as usual. While a tenant may have a defense when sued by the landlord, the defense would be only a defense allowed by law.

So unless you wake up and exercise your ordinary landlord entitlement to receive rent (hire an attorney familiar with the landlord right to sue in a nonpayment summary proceeding. )


Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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If you are the landlord, then you can sue to collect rent. Consult with a local landlord tenant lawyer to represent you.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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the foreclosure does not give tenant the rightto cease paying rent. I think you ought to have your attorney explain.

NOTE: (1) I may be guessing and/or not even licensed in your state; (2) We have not established an attorney-client relationship; (3) Sometimes you get what you pay for; and (4) If you want to send me a gift, my favorite color is orange.

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An owner's mortgage foreclosure is not an excuse for a tenant to stop paying rent. Speak with your attorney regarding a lease review, and probably a summary eviction proceeding for non-payment of rent.

This communication is intended only to provide general information. No attorney-client relationship is created.

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