Rental application for condo

The Board will blame the delay on the managing agent and the broker.The owner has no choice.
If you need to move and you withdraw your application you will just have to start looking again unless you saw something else that you want and is still available.

e-mail your broker. If the broker told you it was o.k. for a first of the month (June) move-in, he must have been uninformed by the owner or was just bsing you. The broker should know when the apt is ready for move-in.
Straighten that out and get an update as of today. In writing by e-mail.

Specify that you want a First of the month move-in if you tell the broker you want out. How you will get another place by June 1st is iffy at best. July 1st will be more like it and that's getting close to July 4th weekend. If you have plans you will be busy moving.

Truth
28 minutes ago
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The Board will blame the delay on the managing agent and the broker.The owner has no choice.
If you need to move and you withdraw your application you will just have to start looking again unless you saw something else that you want and is still available.

e-mail your broker. If the broker told you it was o.k. for a first of the month (June) move-in, he must have been uninformed by the owner or was just bsing you. The broker should know when the apt is ready for move-in.
Straighten that out and get an update as of today. In writing by e-mail.

Specify that you want a First of the month move-in if you tell the broker you want out. How you will get another place by June 1st is iffy at best. July 1st will be more like it and that's getting close to July 4th weekend. If you have plans you will be busy moving.

bad bad bad advice. they have his money, and some will be forfeit. the owner also has a signed and executed lease.

the owner needs to lean on the board to get you in the unit. you can also get a "guest" agreement written.

If there is a signed lease and it was for a June 1st move-in and now the board has not even approved the renters application, it would seem that the lease (if there is one signed) would be null and void.
The owner can lean all he wants but a slow board isn't going to speed things up.

a guest agreement may be possible. If the board is slow, good luck getting the guest agreement through.

it's bad bad bad advice to tell a renter that "they have his money...also a signed and executed lease."

It's a condo so as long as you have a signed lease why would you need a condo's approval. i realize they have a process and paperwork that needs to be signed but guess what it's a condo all they have a right to is first refusal. Now if this is a short term lease or there are some other unusual issues you are not telling us that is causing the delay then I don't see how the condo board can turn you down. I hope you are not from Canada.

jim is some kind of RE broker. I'm just a publicist but I work on contracts for renting venues for concerts and events.
If I'm renting a venue and I sign an agreement to rent that space with the owner (with the date of the rental on it, of course) but the manager of the venue is doing something to force me to cancel that event, the owner is required by law to reimburse me.Because I can't have the event that I planned there on that date. It's not my fault and he can't keep my deposit. If the owner of the venue and the venue manager did not communicate about the availability of that space before they put it up for rent -- that's not my fault.

If somebody tells me " They have your money and signed agreement...", I say "you defrauded me by renting the venue to me for a date when it is unavailable."

"The board hasn't made a decision" It's a condo not a co-op. They have absolutely no right to make a decision other than the right of first refusal.

joey: The condo board vets the renters. That's why there is an application process.
Right of first refusal is for unit sales, not renting.

Back in the crap of my former condo building:
we were at a unit owners' meeting and an overseas owner had flown in from Europe to complain to the board in person. Their complaint was that the board did not approve their renter's application and the renter needed to move-in.
The board president claimed that she never got the application from the managing agent. The managing agent claimed that she sent it to the board president. Back and forth it went:
"Yes, I did."
"No, you didn't."

I got up and said: "Well, one of you is lying, who is it?"
The owners said:"We came all the way from Europe for this!"
I said" I wouldn't want to go down the block for this."
Then the president ended the meeting and I left while the owners of that rental were running after her as she hurried out of the room.

Terrible building, terrible board, terrible managing agent, and that's what can happen.

"Joey: The condo board vets the renters. That's why there is an application process.
Right of first refusal is for unit sales, not renting."

Not true the condo board has first refusal for sale or for lease. That's basically it Truth they really can't prevent an owner from leasing to a tenant.

Truth
about 1 hour ago
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jim is some kind of RE broker. I'm just a publicist but I work on contracts for renting venues for concerts and events.
If I'm renting a venue and I sign an agreement to rent that space with the owner (with the date of the rental on it, of course) but the manager of the venue is doing something to force me to cancel that event, the owner is required by law to reimburse me.Because I can't have the event that I planned there on that date. It's not my fault and he can't keep my deposit. If the owner of the venue and the venue manager did not communicate about the availability of that space before they put it up for rent -- that's not my fault.

If somebody tells me " They have your money and signed agreement...", I say "you defrauded me by renting the venue to me for a date when it is unavailable."

First off, you are a dick. The bottom line is other people have the op's money, and they do have a signed lease. not sure how it would play out in court, but it could obviously come to that. you can act righteous, but this is reality.

Sounds like a pretty flagrant case of bad faith. Only one thing to do in such circumstances.

I am not a dick. I don't even have a dick.

The reality is that they took money for a rental that is not rentable. The renter signed the lease in good faith, why would he think that the apartment would not be ready to move into as per the date on his lease?
The reality is, it is not.

I think I just figured out that inododo is from the province of Ontario. Interesting he doesnt have anyone to give a reference, being so litigious.

Blumberg A101 Condo Lease:

5. Failure to give possession:
Landlord shall not be liable for failure to give Tenant possession
of the Unit on the beginning date of the Term. Rant shall be payable as off the date possessin is available. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change.

Blumberg A101 Condo Lease:

5. Failure to give possession:
Landlord shall not be liable for failure to give Tenant possession
of the Unit on the beginning date of the Term. Rent shall then be payable as of the date possession is available. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change.

But the landlord has not notified the tenant of the date possession is available.
That's the OP's point and problem.
He doesn't know and they aren't telling him.

you are being stupid, and pedantic and a dick (you don't need to have one to be one). The op would be making a serious mistake if he pulled out on this deal, to the point of being liable for the entire term potentially, plus whatever else the landlords attorney could dream up to tack on. big scary risk. it makes far more sense to follow my initial suggestions than yours. or to put your stuff in storage and stay in an hotel.

jim just posted #5, which is protection for the landlord (condo owner) against the Board if this kind of thing happens.and so there is no confusion about when the rent is due.

It won't help them keep any of the money they took from the OP.

easy to give bad advice when you aren't the one on the hook.

So like I suggested wax, e-mail the rental agent. You can't move in. It's not your fault and like I said, it's not the owner's fault. It's the Board's fault and the managing agent .

The rental agent does not want to spend hours, days, weeks, months dealing with your lawyer and/or court.
So he should help you find something else or get a firm approval from the board.

Truth
9 minutes ago
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So like I suggested wax, e-mail the rental agent. You can't move in. It's not your fault and like I said, it's not the owner's fault. It's the Board's fault and the managing agent .

The rental agent does not want to spend hours, days, weeks, months dealing with your lawyer and/or court.
So he should help you find something else or get a firm approval from the board.

Then call your lawyer. Or find one. Because you will probably get sued by at least two parties, if not three. Or you will have to sue them to get your money back.

jim: if you (or any other agent) is involved in a fraud lawsuit, you won't get off the hook with #5.
You will have to produce documents in discovery, get deposed, waste a lot of time.

I'm suggesting that the OP contact the rental agent in writing and ask for an update on when he can move in.
They can not hang on to his money as long as they want.
Sure he can go stay in a hotel and put his stuff in storage. They need to tell him for how long.
That costs money.

The OP isn't looking to pull out on the deal for no reason. What will he be liable for? Wanting to move into an apartment for which he paid and signed a lease? What will the apt owner's damages be? That he lost a renter because the board wouldn't review his rental application?

The Op is trying to work it out and find out what can be done to get move-in for that apt.
The owner isn't liable to the renter but the Board is not the same party as the owner. They are holding up this rental.

There would not be enough hotel rooms in Manhattan to house all of the renters who just check-in and wait until they are called to move in to the apt they paid for and have a lease for.

Where is that guy Marco? You know, "Marco is an attorney but he's not your attorney..."
Because there must be a limit to how long this can go on before they have to refund the OP's money.

The owner (landlord) is the person who should be really very worried because the board is preventing him from renting his unit and imagine if he ever wants to sell it.

Joey: The condo board vets the renters. That's why there is an application process.
Right of first refusal is for unit sales, not renting."--Truth

Truth just out of curiosity do you believe the above statement is true or false. Do you really believe a condo has just the right of refusal for a sale and not a lease. If so where do you get your facts from?

renterjoey
4 minutes ago
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Joey: The condo board vets the renters. That's why there is an application process.
Right of first refusal is for unit sales, not renting."--Truth

Truth just out of curiosity do you believe the above statement is true or false. Do you really believe a condo has just the right of refusal for a sale and not a lease. If so where do you get your facts from?

Caught this too, she is very very very confused about the process.

Truth
7 minutes ago
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There would not be enough hotel rooms in Manhattan to house all of the renters who just check-in and wait until they are called to move in to the apt they paid for and have a lease for.

Where is that guy Marco? You know, "Marco is an attorney but he's not your attorney..."
Because there must be a limit to how long this can go on before they have to refund the OP's money.

The owner (landlord) is the person who should be really very worried because the board is preventing him from renting his unit and imagine if he ever wants to sell it.

You don't need to be an attorney to read the lease (which is a contract) and know that either party (and the brokers too) would feel that they have claim to the money and that it would be an expensive and timely process.

For sake of OP, the bad faith comment was a joke (which was clearly not picked up on). Call someone from the board and ask what's up. Probably haven't seen it. Probably all is fine.

I've never heard of that, but it could be true.
If I want to put my condo up for rent the board can rent my apt to somebody else or themselves on the Board, a fellow board member or just anybody else that they want.
O.K. So is that what they are doing to the OP and if so why don't they just refuse him. They have somebody else.

Truth, my condo has ROFR for sales and leases - and they have an invasive co-op-like application process thanks to the managing agent, for both. If someone wanted to rent their APT as an investment, the application process could result in many lost revenue months each time there is tenant turnover.

Ottawa: Yes, that's what the renting agent can and should do, except they would contact the managing agent to ask.
I suggested that it's possible the board and managing agent will blame each other for the delay. That's all it may be.
If they are not going to rent it to the OP they should not have given him a lease and taken his money UNTIL they exercised their right of first refusal.

but to say "they have your money..." is not good advice. They can't hold his money for as long as they want while they wait to "refuse" him.

Has anybody out there ever heard of or actually had their condo board refuse to allow them to put their unit on the market because they have decided they want to rent it to somebody they know?

If so, how long did it take for them to refuse and return the original renter's money?

"I've never heard of that, but it could be true.
If I want to put my condo up for rent the board can rent my apt to somebody else or themselves on the Board, a fellow board member or just anybody else that they want.
O.K. So is that what they are doing to the OP and if so why don't they just refuse him. They have somebody else."

Truth the condo board has virtually no power at all when it comes to a condo owner wanting to rent their apt out. If an owner wants to rent to a tennat for a year the condo board can only have right of first refusal. That's it that's all they can do.
In this particular situation the hold up has more to do with the owner of the condo getting on the phone with management. Maybe the credit report and background check is not back yet. Even if it comes back negative the owner still can say screw this I am going to rent to this tenant anyway and move forward. What is probably happening here is all the credit, previous landlord, background information is not back yet from the company doing the verifications. The owner wants to make sure this potential tenant is not a deadbeat but once again even if he were a deadbeat the owner can have the tenant move in if he wants to.

Truth
3 minutes ago
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Ottawa: Yes, that's what the renting agent can and should do, except they would contact the managing agent to ask.
I suggested that it's possible the board and managing agent will blame each other for the delay. That's all it may be.
If they are not going to rent it to the OP they should not have given him a lease and taken his money UNTIL they exercised their right of first refusal.

but to say "they have your money..." is not good advice. They can't hold his money for as long as they want while they wait to "refuse" him.

Has anybody out there ever heard of or actually had their condo board refuse to allow them to put their unit on the market because they have decided they want to rent it to somebody they know?

If so, how long did it take for them to refuse and return the original renter's money?

you are inventing scenarios. "they have your money" isn't advice, it's a statement. the advice followed; guest agreement and get the owner to make some noise. I never said that they could hold it indefinitely. they do have it though, and (rightfully) could hold it till it ends up in court. and the op could end up on the hook for the entire lease term. of course he could win, but what a hassle.

They need to notify the OP, jim. One way or the other.
If they are not accepting him because of what they found in the financials (yes joey, I know that. That's what they look at for renters and they ask for financials in buyers' packages with their applications. I know that because I owned a condo for 13 years in Manhattan.)

I'm not "inventing" anything. Life especially in NY RE is full of possibilities and surprises.
It's been three weeks and the OP wants to know. Is he moving in there and if so, when?
If they are refusing him for any reason, or they are waiting, just let him know.

That's what I first suggested jim. They are slow, it won't speed up the process (especially,if as joey points out, they may be waiting for outside reports to come in) and if the broker told him he would be in by the first, well that didn't happen for the reasons I wrote a lack of communication between the owner and board/managing agent.
I also suggested that leaving the deal would not be a great idea.
Read again. Or not jim. call me a dick. whatever.

and the rental agent should only show the OP apts in rental-only buildings. Not condo rentals, for this reason and more.

Truth
about 4 hours ago
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If there is a signed lease and it was for a June 1st move-in and now the board has not even approved the renters application, it would seem that the lease (if there is one signed) would be null and void.
The owner can lean all he wants but a slow board isn't going to speed things up.

a guest agreement may be possible. If the board is slow, good luck getting the guest agreement through.

it's bad bad bad advice to tell a renter that "they have his money...also a signed and executed lease."

i am reading. what you write makes no sense and changes.

Nope that's what I wrote. You just want to call me a dick.

Usually the board of Managers have 30 days to respond.How long ago did you submit your application?

The OP wasn't properly informed that he could not get in quickly. He needs to move. He signed a lease and it seems to be null and void . He can't and still hasn't been told if he can move in by the first or when. He needs to be notified.
that's the law.

and the OP has a lousy rental agent. I know you think people that write anything against RE are dicks, jim.

jim_hones10
about 2 hours ago
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Blumberg A101 Condo Lease:

5. Failure to give possession:
Landlord shall not be liable for failure to give Tenant possession
of the Unit on the beginning date of the Term. Rent shall then be payable as of the date possession is available. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change.

Yes jim , I saw it the first time.
The "failure" is on the part of the board/managing agent.
They need to "notify Tenant as to the date possession is available..."

So that's what the OP should ask in the e-mail to the rental agent and what the agent should find out.
He's not asking for a new lease or to extend the Term.

>The rental agent does not want to spend hours, days, weeks, months dealing with your lawyer and/or court.

Truth, love you, but you aren't right here. And threatening legal action on a lease? Come on.

>I'm suggesting that the OP contact the rental agent in writing

In writing?
Truth, you are making a mountain out of a molehill. Boards suck. But the owner of the apartment doesn't control the board. Certainly the owner can lean on the board, if he's got a decent relationship.
A smart prospective tenant, however, would have put a "drop dead" date in the lease, that if the board doesn't approve by X-prenegotited date, that the tenant has the right to back out and get a refund. And it would also be in both parties' best interest in advance to preview the rental with someone on the board, preferably the president of the board so that it can get approved quickly - the prospective tenant should ask for this and the owner should agree it's a good idea.

>It's been three weeks and the OP wants to know. Is he moving in there and if so, when?

I think a standard period is 30 days. SHould have been communicated in advance.

>The OP wasn't properly informed that he could not get in quickly. He needs to move. He signed a lease and it seems to be null and void . He can't and still hasn't been told if he can move in by the first or when. He needs to be notified.
that's the law.

Things should have been in writing. And the prospective tenant, if he didn't know the exact date, should have asked about the procedure.
Doens't seem like anything at all is wrong right now. There's certainly no "null and void".
Love you Truth, but ...

-
But all this points out how absurd inododo's easy 1-2-3-4-5-6 step "hey buddy don't get on my shitlist" procedures are for renting an apartment.

Nothing is wrong right now. The OP was asking because he didn't know. I didn't suggest that he sue them, just that they don't want a lawsuit.

This OP is probably a renter for the first time in a condo. He expected to be in because he has to move out of where he is now. So yes, all those things should have been donebut the OP didn't know. The rental broker would know.

And, love you too but if it did go to court because, as jim (not me) pointed out, the landlord's lawyer will sue for all kinds of things if the OP wants out, if he can't get the answer in writing (because the judge will not allow a print-out of your comment here on se) and he's not being informed; the judge will take that lease and its move-in date into account,as well as the inexperience of the OP. Then the judge will add up the amount of money that the OP had to pay to stay in a hotel and the landlord may have to pay it.

Truth, giving advice on what a judge would do? Sorry but that's bush league. That's the stuff of inododo, and Ottowa. It's misleading. You don't know what a judge is going to do. This whole thing would never make it to a lawsuit. How much is the renter going to spend to hire a lawyer?

It wouldn't get to court. The landlord's lawyer wouldn't sue for all kinds of things, I know that.

The owners in the condo where I lived were told by their attorney that the judge would look at the case that way. They aren't responsible if say, the building has a fire or emergency in the apartment. That's how their renter looked at that and understood it to be. He didn't know about the board and application process and nobody informed him. They lived in Europe and it happened in their condo rental in Manhattan. Rental agent m.i.a.

That's what I draw that conclusion from. The couple let the guy out of the lease because the delay went on, past 30 days.

I don't know if Ottowa or inonada have ever been in litigation.
Or if they know that couple from my former building.
For all I know, this OP is trying to move into an apt in that building.

By now the OP has e-mailed his rental broker to ask what is going on,not a bad thing to communicate because that agent isn't so good at that. Or the OP would have been shown apts in an all rental building. Or informed about the 30 day regular wait-time.

Because I think that the OP knows how to count to 30 and wouldn't be frustrated on here asking.

The rental agent could possibly have answered:
A) They have 30 days and if I don't hear by then I will find out what's happening.
or
B) The above and add that he/she will help the OP find a short term rental/furniture storage/something helpful.

Truth, if you dont think that an owner, who has a signed lease would not sue for the entire's year rent if the tenant pulled out at this late date you are very naive.

What late date? It's still not 30 days. The OP isn't pulling out and if it comes to that it's possible that the OP will be let out of the lease.

You are the one who put up the legal stuff, jim . Not me.

"if there is a signed lease and it was for a June 1st move-in and now the board has not even approved the renters application, it would seem that the lease (if there is one signed) would be null and void.
The owner can lean all he wants but a slow board isn't going to speed things up."--Truth

But a condo board doesn't have the power to disapprove any tenant. That is the owner's decision. Other than the right of first refusal all they (condo board) has the power to do is review the application other than that that they can't do as Jim would say "Dick"

The condo board is held by fiduciary responsibility to fulfill the requirements of the condo by-laws, which may require approval of renter financials in addition to move in/out fees to protect both the physical structure and financial condition of the building. Condo boards must act on the behalf of other owners to protect their mutual investments in the common elements. If the owner doesn't give a hoot whether or not the renter can pay the rent, that is indeed their own stupid business, but the owner will still be on the hook for damages outside of the unit and still owes the common fees no matter what sort of cretin or genius they chose to allow to rent the unit.

joey: the owner can get all "legal tone" on the Board. Speed it up! but they will go as slow as they want.
Meanwhile, the OP just didn't know what to expect with a condo rental and wanted to find out. Now he knows it's another week until the 30 days is up. What then? If that happens there is hope that if he communicates to the owner (whose name he now knows),he may get out of it.
Not everybody is a dick whether they have one or not.

Then he has also learned that a rental building is better if a renter must move.

That's correct,raddoc.

"The condo board is held by fiduciary responsibility to fulfill the requirements of the condo by-laws, which may require approval of renter financials"--- raddoc

If condo board doesn't approve tenants financials so what owner can ignore condo board and still rent to tenant. Owner always pays the common fees not the tenant.

"Condo boards must act on the behalf of other owners to protect their mutual investments in the common elements. If the owner doesn't give a hoot whether or not the renter can pay the rent, that is indeed their own stupid business, but the owner will still be on the hook for damages outside of the unit and still owes the common fees no matter what sort of cretin or genius they chose to allow to rent the unit."-radoc

You are right but the owner is always responsible for paying common fees.

Yes, joey, yes. but if the renter can't get to move in and has to stay in a hotel and move furniture to storage that costs money.
I want my apt rented to somebody who can afford to pay the rent,because I have to pay the cc bills. If the renter is forced to pay for a hotel and still pay me rent, that's really a financial burden.

The guy didn't even get good info from the rental agent. I'm not going to sue him. I'm letting him out of the lease. Then I'm getting a new rental agent that will make sure potential renters know the deal with condo rentals.

well, it's been a productive day in the 50 shades of grey zone.
If only because jim disagreed with me but after the "dick" thing it wasn't bad.

The by-laws usually provide a series of escalating fines for owners ( and their renters) who violate the building rules. The board and their lawyers are happy to impose these fees on the ultimately responsible owners who have no regard for their neighbors or the building.We routinely collect large sums from owners who would rather beg forgiveness than ask permission.

That's true, raddoc.
and an owner can not decide to tell their renter to "move in because the condo board can't do anything about it." The renter doesn't want to storm in through the building's front doors, past the doorman (if there is one) or the super, grab the super and hang him by the ankles until the elevator keys drop to the floor, isolate the elevator, move your furniture in, and there you are Mr. and Mrs. Wax -- at home.

The reality is that the renter and his movers will be stopped at the front door. The super will call the managing agent who will instruct him to call the cops.
Now, even though Mr. and Mrs. Wax have a signed lease -- that super will have the building's condo application faxed to him by the managing agent. The cop will be told that the application is still under approval and there is no move-in date set for Mr. and Mrs. Wax.

The cops will say it's a civil matter and their blue butts will be out of there. The movers will probably be ready to take your truck load of furniture to the storage facility.

What we have here is a failure to communicate from the get-go.
Mr. and Mrs. Wax aren't trying to pull a fast one on the owner or the board. They just were not informed of the condo procedure. The board is waiting for the results to come in. Maybe there is a pre-existing issue between the owner and the board/managing agent. Mr.and Mrs. Wax can wait another week now that they know that's the norm after that, if they approach the owner without a "they have your money" attitude, can possibly work something out.

The "they have your money" attitude only sets a place at the table for confrontation.