Rentals in 11375>Question Details

Buyer in for…, Home Buyer in Forest Hills, NY

Sub leasing apartment to family member (parents /sibling/ cousin) even if the subleasing is not allowed

Asked by Buyer in forest Hills, Forest Hills, NY Wed Jan 16, 2013

What if co-op owner sublets the apartment to family member like parents /sibling / cousin / friends even if the subleasing is not allowed in building .

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Wouldn't do it. Especially with family.
0 votes Thank Flag Link Wed Jan 16, 2013
Check the co-op rules again, ask management the question, or consult with an attorney...
0 votes Thank Flag Link Wed Jan 16, 2013
As you know the co-op Board must approve (and often meet) with everyone that will be living in the unit. If you think you can avoid this, then remember they can foreclosure on your unit.
0 votes Thank Flag Link Wed Jan 16, 2013
Even though you "own" your apartment, the relation between you and the Co-op is that of a "landlord-tenant" relation and is controlled by the "Proprietary Lease" you got when you putchased the apartment. Read it thoroughly and carefully. It typically has an occupancy clause and a sublease clause. Proprietary Lease may vary from Co-op to Co-op but generally have some common occupancy elements allowing your immediate family members like siblings, parents, grand parents, children, grandchildren to live without any formal approval. However, you may still have to notify the Co-op in writing.
But, if you are actually "subleasing", meaning actually collecting rent from those family members residing in a Co-op where subleasing is not allowed, you may get in trouble. Proceed with caution!
0 votes Thank Flag Link Wed Jan 16, 2013
You sound like a little kid; you know it's wrong, but....

If the Co-Op finds out, and they evict you; will it have been worth it?
0 votes Thank Flag Link Wed Jan 16, 2013
Hi Buyer in Forest Hills, If subleasing is not allowed then it may not be binding. Consult an Attorney.
0 votes Thank Flag Link Wed Jan 16, 2013
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