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I live in a co-op that I detest and have it on the market but it looks like it may be quite a long time before I am able to unload. I have taken in a roommate because I feel unsafe here and he has been with me for a year now. My co-op has a no rental policy. I am wondering if I can just leave him here since he has already been a tenant for a year. Should I have him write a checks to cover the maintenance so that his residency is more established. Should I present him as my significant other? The board is hostile and irresponsible and I don't trust them. They have different rules for board members and I want out desperately. I would like to leave my friend here since the location works for him. Meanwhile I would like to move on to greener pastures,
Join the Conversation Comments (1)par 14 prop lease "and" clause= shareholder and family member, not "or" family member
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Usually the Proprietary Lease states that an unrelated party can stay in the unit but that is primarily when the Shareholder is in the unit as well. Most Prop Leases also call for an immediate family member to be able to occupy the apartment without the Shareholder there and this will not be considered a sublet.
What you are proposing to do is not within the reasonable language of these clauses and is more along the lines of subletting. If you do leave the apartment and this is not an immediate family member you are no longer taking advantage of the roommate law, but are creating an illegal sublet situation. Although there is no formal sublet policy in place right now, your Prop Lease is probably worded that all sublets must be approved, in writing, by the Board (Lessor), so if you do go through with this, they can probably still take issue with it and bring legal action for the illegal sublet.
Sorry to be the wet blanket.
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