NY State — NY Real Property Law

§ 223 — SECTION 223 Rights where property or lease is transferred

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 223?

Quick Answer

This section establishes that the grantee of leased real property or the assignee of a lease has the same legal remedies for nonperformance of lease agreements as the original lessor. It applies to various forms of property transfers, affecting both lessors and lessees in real estate transactions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 223 SECTION 223 Rights where property or lease is transferred

RPL § 223

The grantee of leased real property, or of a reversion thereof, or of any rent, the devisee or assignee of the lessor of such a lease, or the heir or personal representative of either of them, has the same remedies, by entry, action or otherwise, for the nonperformance of any agreement contained in the assigned lease for the recovery of rent, for the doing of any waste, or for other cause of forfeiture as his grantor or lessor had, or would have had, if the reversion had remained in him. A lessee of real property, his assignee or personal representative, has the same remedy against the lessor, his grantee or assignee, or the representative of either, for the breach of an agreement contained in the lease, that the lessee might have had against his immediate lessor, except a covenant against incumbrances or relating to the title or possession of the premises leased. This section applies as well to a grant or lease in fee, reserving rent, as to a lease for life or for years; but not to a deed of conveyance in fee, made before the ninth day of April, eighteen hundred and five, or after the fourteenth day of April, eighteen hundred and sixty.

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