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ezLandlord Questions and Answers
Co- Op Board Application NY/ Tenant in Place
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over 11 years ago
I own shares in a NY co-op building, which means I have a proprietary lease. I am currently not living in my apartment and I am subletting the apartment. The process in place for the sublets (rentals) in this building is that the person who wants to sublet the apartment (tenant) submits the application to the building management company and board of directors reviews and approves the applications. Share holder (my self) is responsible for finding a tenant. After I found the tenant, she submitted the application to the management company and I allowed her to move in. We signed the lease, addendum to lease and standard documents provided by the management company. A month later we both received a letter from the management company stating that the lease is not complete, several items missing and forms not filled out correctly. I have reached out to the tenant 6 times, and asked her to complete the application. Each time she promised she will do it, but she has not done it yet. Letting her move in without the co-op board approval was a huge misstake and I do not know how to get her out now. She does not want to leave the apartment. Please let me know if you are familiar with the applicable laws. Thank you
over 11 years ago
When bringing a holdover proceeding for a breach of the proprietary lease for subletting, harboring a pet, or installing an appliance without the consent of the board of directors, a notice must be sent pursuant to the "Notice" requirements of the proprietary lease, giving the shareholder a number of days, generally ten to 30, to cure the breach. With regard to non-payment, the notice requirement is three days. In the event that the tenant does not cure the default in the non-payment of maintenance, then an eviction proceeding can be immediately commenced. With regard to holdover proceedings, if the matter is not cured within the requisite period of time, a second notice is sent advising the shareholder their proprietary lease is now terminated and that after a period of time, an eviction proceeding will be brought for possession of the apartment. IT is a complicated precess that you speak of. I would highly reccomend getting professional legal counsel.
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