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Long time reader, first time poster, here we go...
I am a renter in a Manhattan co-op with a legal sublease from the owner of the unit. The building has a very loose/friendly sublet policy with probably 30-40% of the units occupied by renters. I've been informed that the owner may be selling the unit and am concerned the new owner would have the right to evict me if he wants the apartment for personal use or somehow otherwise void my lease - I've been told the apartment is an investment and my lease would continue with me as a tenant but my gut feeling tells me otherwise. Given that so many co-ops in New York do not allow subletting I haven't been able to find much information on the subject.
I made the mistake of allowing the broker and potential buyer see my apartment over the weekend - I've since been informed I could have easily refused to let them in as the lease stipulates I must only allow the owner or brokers access to show the apartment in the last two months of my lease if I am not renewing. I will not allow access in the future. I have almost two years left on my lease. I am also in very good standing with both the current owner and the superintendent and management company so they would not be able to evict me through the "objectionable content" clause that leases contain.
My research has told me owners can evict tenants from rent-controlled units if they are taking it over for personal use, but this seems to only apply to rental buildings with one owner, and my lease is at market rent in a co-op anyway. My lease is the Standard New York Co-Op Sublease form from the REBNY and only two articles seem to apply:
Article 31: My suceessors and the owner's successors are bound by the lease.
Article 32: If the proprietary lease between the owner/shareholder with the co-op corporation is terminated then my sublease is terminated as well.
So this leaves me with the questions:
- If the owner sells the unit to the prospective buyer will the proprietary lease be terminated?
- Can the new owner evict me if his intention is for personal use?
- Can he void my lease in an attempt for a rent increase - given closing costs etc this seems logical if it truly is an investment
I've spoken to two tenant rights attorneys and one told me I would be fine and my lease would be the prevailing contract. The other told me I may have some problems if the proprietary lease is terminated. An attorney in my family who is not very familiar with New York tenant law found the following statute:
"A certificate shall be issued where the landlord seeks in good faith to recover possession of housing accommodations because of immediate and compelling necessity for his own personal use and occupancy or for the use and occupancy of his immediate family. As used in this subdivision, the term immediate family includes only a spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, or mother-in-law, son-in-law or daughter-in-law of the landlord. Provided, however, that where the housing accommodations are located in a building containing 12 or less housing accommodations and the landlord does not reside in the building or is a housing accommodation located in a structure or premises owned by a cooperative corporation or association which is allocated to an individual proprietary lessee, and the landlord seeks to recover possession for his own personal use, an immediate and compelling necessity need not be established."
The bold portion may not bode well for me. A final note is that the co-op laws state that an owner must occupy the unit for two years before subletting which may be a loophole allowing him to claim he must occupy the unit and not honor my current lease.
I have put so much blood, sweat, tears, and money into my apartment that after several years of moving around quite a bit I finally feel like I have a real HOME. So I'm going to fight to keep this place. I would even step in and consider making an offer to purchase the place myself, but I think the co-op requires a 20% down payment. I can only afford about 10-15%. My current plan is to change the locks to prevent any unauthorized entry and possibly retain legal council if there is any pre-emptive action I can take.
Has anyone had a similar situation or know the tenant laws governing my situation? Many thanks in advance for your feedback.
Two questions:
When is your lease up?
Why in heavens name would you "put so much blood, sweat, tears, and money into my apartment" that you neither own nor have long term rental rights to.
I think that "gaining possession for personal use" clause pertains more to non-renewing of leases. I really doubt that any judge would rule for the breaking of a lease mid-term on what is basically a whim of one of the contractors, otherrwise leases would have no meaning and bind only one party. There is also the snail's pace that these things move through court.
I think in the real world you are fine UNTIL LEASE END but then I see no rights that allow you to retain possession.
How long were you there, jb?
Personal anecdote: a friend (38th and Madison) was told that the new owner wanted all 12 rent-controlled apartments "for his family." Most left but frind told the landlord SUE ME. He said "then how about $20,000?" This was in the 1990's so $20K meant a little more than iot does today. She took it.
So I agree, retain possession until either the offer is "enhanced" or the sherriff shows up at the door.
Last edited by Kefir King; 02-05-2013 at 06:35 AM..
- My lease is up in late 2014. I have been here since late 2011.
- When I said "blood, sweat, tears, and money" I was exaggerating a bit. The money refers to the furniture, plants, painting, etc. I have purchased and the rest is the stress that moving around many times in the past several years has caused and finally finding a place that I can call home. I haven't made an renovations or anything to that effect.
Very good points about "gaining possession for personal use" referring to lease end.
and the rest is the stress that moving around many times in the past several years has caused and finally finding a place that I can call home.
My last move, my VERY LAST MOVE so help me God, was so stressful including the horrible "go or stay" decision that I am still amazed that it didn't kill me.
I went through more booze and valium than anyone should consume in a year.
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