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Subletting and the Board

Started by dharma
almost 15 years ago
Posts: 66
Member since: Apr 2010
Discussion about
I live in a coop in which you can sublet your apartment with board approval of the subletter for 2 years. If the board/management company forgets to send the subletter/sublettee a letter saying that their 2 years is almost up, does the sublet still have to end on time (after 2 years)? Who's burden is it to end the sublet? The board/building's or the sublettee's? And what can you do (as a building/board) if the sublet hasn't ended and the subletter is still living there past the 2 years time? Thanks!
Response by juuceman
almost 15 years ago
Posts: 84
Member since: Sep 2010

the sublet is for two years, end of story. If your tenant holds over, they can, and depending on the board, likely will, bring an eviction action against the tenant. Then they'll bill you for the legal fees.

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Response by truthskr10
almost 15 years ago
Posts: 4088
Member since: Jul 2009

Exactly, though if tenant submits a rent check and the landlord cashes it for month 25. That's a month to month situation and you will have a more favorable position, but the ins and outs on that are more about what's in the actual lease(s), and attorneys' opinions over any of us.

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Response by bramstar
almost 15 years ago
Posts: 1909
Member since: May 2008

The board can also take legal action against the shareholder who has allowed the sublet to extend beyond the time limit. The shareholder is ultimately responsible for the tenant.

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Response by bramstar
almost 15 years ago
Posts: 1909
Member since: May 2008

^^I should say subtenant rather than tenant^^^

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Response by dharma
almost 15 years ago
Posts: 66
Member since: Apr 2010

@bramstar and juuceman: And the board can bill the shareholder for the legal fees (if the board wins)? What are the chances of them actually recouping them? (I am not the subletter here or on the board, I just hear building gossip and wondered...).

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Response by bramstar
almost 15 years ago
Posts: 1909
Member since: May 2008

The co-op can seek eviction of the shareholder if the shareholder refuses to comply with co-op policies.

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Response by truthskr10
almost 15 years ago
Posts: 4088
Member since: Jul 2009

Though not impossible, judges rarely award legal fees.

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Response by juuceman
almost 15 years ago
Posts: 84
Member since: Sep 2010

Read the proprietary lease and/or house rules. If the co-op is decently run, or was properly formed, the lease and house rules will allow for the imposition of any legal fees that the coop incurs against the owner of the unit. If you fail to pay these fees, your management company will assess late fees and will eventually file a lien against your property.

This has absolutely nothing to do with the judge awarding legal fees.

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Response by commoner
almost 15 years ago
Posts: 197
Member since: Apr 2010

The co-op will have the shareholder's ass. After the huge fines, that is.

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