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Kadmspb@gmai…, Renter in

i have to pass co-op board approval AFTER i signed my lease

Asked by, Thu Nov 14, 2013

I signed the lease 2 months ago, paid one month rent to broker, security deposit and one month rent to the landlord. the landlord did not notify me that i need to get board's approval. Two months after I get application that I need to fill out - credit check, so the board can approve me. This is my primary residence and I lived here and paid rent WITHOUT any notice that I will need to be approved at any time. The lease does not mention that I might be subjected to any approval at any time. What should I do? I am willing to provide all information to the board but what happens if I do not get approved?

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You need to speak to a landlord tenant attorney. I am not a lawyer and I cannot give you legal advice, but here are some thoughts on the issue...

You should have been notified about the application process when you were first shown the apartment and the lease should have been subject to your co-op board approval. That application should have been submitted to the co-op before you moved in. Also, the agent that showed you the apartment and collected that fee should have had you sign an agency disclosure form and a lead based paint disclosure form, if the agent failed to do this, they broke the law.

If you are already living in the place and signed a lease with the property owner, there is a legal obligation there. Even if the co-op does not approve you, they can't just throw you out. You have rights and this is why you need to speak to an attorney asap, especially if you have further problems.

On the bright side, maybe the co-op board will approve you and it will all be a moot point. Good luck!

Mitchell S. Feldman
Associate Broker/ Director of Sales/ e-Pro Realtor
Fillmore Real Estate
Office: (718) 252-2000/ Cell: (917) 805-0783
1 vote Thank Flag Link Fri Nov 15, 2013
Not sure why you weren't informed regarding board approval which generally happens before any lease is signed; if you don't get approved, you may be entitled to be reimbursed by the broker for their fee, and you may wish to report them to the local Board of Realtors; for any necessary legal advice consult with an attorney who specialzes in real estate, most professionals do offer a free consultation.
1 vote Thank Flag Link Fri Nov 15, 2013
If you are not approved by the board your landlord will more than likely start receiving fines from the board.

There are usually fees associated with completing an application for rentals. This information should have been disclosed to you when you showed interest in renting the apartment if not when ou first made contact with the listing agent or renting agent.

Before you fill out any application find out what the income requirements are, if any. If I were in your position I would go directly back to the landlord and agents for them to put forth the money for the application fees. I am sure that their local board of Realtors would not be too happy that they did not disclose this information to you.
0 votes Thank Flag Link Fri Nov 15, 2013
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