Can you get evicted from a Co-op? (Glen: sublease, sublets)

[askangiwa]

I bought a co-op years ago and I'm thinking about subleasing it (we recently bought a house) but the board doesn't allow it....so I'm thinking about subleasing it illegally...I'm just curious, what are the repercussions if I get caught?

One of my neighbors illegally subleases his apartment and he says not to worry about it - it's a huge building (over 300+ apartments) and the management company is pretty lax.

I'm definitely not interested in selling it (not that I could in this economy, anyway)....any other advice?

[iGlenn]

Originally Posted by askangiwa

I bought a co-op years ago and I'm thinking about subleasing it (we recently bought a house) but the board doesn't allow it....so I'm thinking about subleasing it illegally...I'm just curious, what are the repercussions if I get caught?

One of my neighbors illegally subleases his apartment and he says not to worry about it - it's a huge building (over 300+ apartments) and the management company is pretty lax.

I'm definitely not interested in selling it (not that I could in this economy, anyway)....any other advice?

I think it's probably a bad idea as many things could go wrong. For example, if there were a fire, could your insurance company deny the claim due to an illegal sublet?

[nyctc7]

I assume you have already carefully read your proprietary lease, the bylaws, the house rules, and are quite sure you can't sublease.

As to whether you can be evicted--Is that legal advice? I'm not a lawyer. But from what I understand it is quite difficult (but not impossible) to get evicted: as a practical matter, buildings want to avoid litigation. And litigation takes time. You really have to work at it to get evicted, like not paying your maintenance fees. An illegal sublet obviously qualifies, but if no one cares? For a little while I was involved with my parents' co-op building affairs, and read many an issue of "The Cooperator." If you are living in a subsidized co-op like mitchell-lama it might be different.

But as iGlenn points out, maybe getting evicted isn't the only consideration.

[Dark of the Moon]

I asked a similar question about a year ago. At the time, I was subleasing a co-op, and the owner hadn't quite done things by the book. (He's since sold his unit, so it doesn't matter now.)

You can see the thread here --> Co-Op Question.

[mathjak107]

Sublet Loophole: Even When Allowed, Boards Can Refuse … for No Reason / Habitat's Purchasing Primer: News for New Buyers / Publication Content / Home - Habitat Magazine

[mathjak107]

The Ins and Outs Of Illegal Sublets


your lendor can call your loan in too as the loan is based on the apartment being owner occupied and subletting turns it into a rental properity . alot of lendors wont give loans unless you live there

[Viralmd]

It's highly unlikely that any sublet would go unnoticed. Even in a 'huge' building. Shareholders will notice new people living there, and word gets back to boards usually faster than a lightning strike. And, yes, you CAN get evicted. You risk voiding your proprietary lease and losing any and all monies invested. Plus a fine.

[mathjak107]

thats the big negative of co-ops vs condos... you are soooooooooo bound by the proprietary lease.....

the upshot of the broken water pipe under my sons sink and subsequent flood and apartments damaged below is geico read the propritary lease and deemed since no negligence they denied all claims except my sons damage and said everyone is responsible to repair the water damage on their own...

just like if their is a fire in the building and its not due to negligence everyone is responsible for repairing their own apartment and so the same with the water damage

[danameless]

I think another thing to consider is the coop board and the units themselves. I used to live in a coop that were garden units (which are similar to 2-store houses for those not familiar), which allowed sub-lease after 2 years - but there were some owners who bought them to rent them out only. Being a garden unit, and not a large building - it was more difficult to know who was living where and who was coming in and out. I also asked to some of my neighbors, and they told me with the board - they generally won't make an issue about it unless someone makes a formal complaint.

So I guess depending on your coop board, you may be able to do it and be ok.

[nyctc7]

Thanks for the links, mathjak107...now that I think about it, I believe it was Habitat that the building had a subscription to, not The Cooperator. It's been a while. I remember it as being an excellent magazine, with great articles, and I especially loved the column summarizing recent legal decisions. Certainly an excellent choice for anyone involved in their co-op's affairs!