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Old 03-08-2014, 06:18 PM
 
12,344 posts, read 24,782,869 times
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Quote:
Originally Posted by bilmin View Post
chase down the attorney and tell the coop board you are doing so. The court was right to tell you that and the people here should heed that advice and do the same. Do not pay any fine just let the board know your plans. It is not your fault the tenant from whom you gain no benefit has not moved out.
The people here should "heed that advice" -- that advice being not to give advice? So you are doing exactly what you are telling us not to do? Very confusing.
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Old 03-08-2014, 06:28 PM
 
1,058 posts, read 1,884,386 times
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Quote:
Originally Posted by Henna View Post
The people here should "heed that advice" -- that advice being not to give advice? So you are doing exactly what you are telling us not to do? Very confusing.

I am telling the OP that people on this forum (and others) should not be relied on when it comes to legal advice and that in this case she should be all over the attorney who she used at the closing. I agree with the poster that this should have been addressed by all parties (buyer-seller and coop board) at closing as an issue prior to closing. Because of this I believe (not a legal opinion) that the coop board has no standing in trying to fine the OP but that she should immediately be in touch with that lawyer.

IS THAT CLEAR ENOUGH FOR YOU

ps it does not say the OP is getting any money from the tenant only that it was offered. You really are confused
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Old 03-08-2014, 06:33 PM
 
10,098 posts, read 17,895,158 times
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Quote:
Originally Posted by Henna View Post
So now they have a new owner (you) who now owns the shares but doesn't even move in, and is subletting from day 1. This is most likely against the rules, as I stated above, or you owe them the sublet fees, and they are letting you know that with their correspondence.
If the co-op wanted to object to the sublessor, they should have done so at closing. The new owner didn't have the standing to evict the sublessor until after closing, and it would take time in any case; fining him for violating the rules is fining him for something beyond his control.
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Old 03-08-2014, 06:49 PM
 
12,344 posts, read 24,782,869 times
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Quote:
Originally Posted by nybbler View Post
If the co-op wanted to object to the sublessor, they should have done so at closing. The new owner didn't have the standing to evict the sublessor until after closing, and it would take time in any case; fining him for violating the rules is fining him for something beyond his control.
I think the buyer (OP)'s lawyer should have had a clause in the contract that the apartment be delivered vacant.
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Old 03-08-2014, 07:38 PM
 
Location: Washington, DC & New York
10,918 posts, read 29,681,957 times
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Quote:
Originally Posted by bilmin View Post
ps it does not say the OP is getting any money from the tenant only that it was offered. You really are confused
I am not confused. The OP's inherited tenant offered compensation to be able to stay, and has continued to occupy the unit, indicating that there was a meeting of the minds on the issue. The OP did not say that said compensation was refused and the tenant had a definite move out date, whereby extending a courtesy of a couple of days would be a reasonable accommodation. Few people would allow a stranger to occupy their property in a casual, open-ended manner out of goodwill for a month and counting; however, the issue of financial compensation likely does not matter as most co-ops have rules about non-shareholders occupying units.

How this was fumbled during settlement is very strange, since a remotely competent attorney would have addressed the issue as a matter of routine when dealing with a unit not occupied by the selling shareholder. Does the attorney know that the tenant approached the OP to extend their tenancy, and that the tenant has continued to reside in the unit? Was that communicated before or after settlement? What did the prior shareholder tell the board with respect to the tenancy of the current occupant? When did the lease expire? When was the tenant served in writing to vacate the unit, and by whom? Those are a few issues that can arise when dealing with purchasing a property with existing tenants that is subject to a co-op board. I agree that the attorney needs to be found on vacation, and if he/she will not return before the 15th, an associate must be directed to address the issues with the OP's co-op board.
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