Legal Question in Real Estate Law in New York

I have a CO-OP apartment in NYC that i'm currently renting. The board of directors have told me that i can no longer rent my apartment since i have exceeded the number of years allowed to rent. My two issues are:

1) My tenants are unable to move by the end of the lease (due to financial difficulty), and the board will not allow any type of extension to them. They have requested money to move or squat until they save enough money. As the owner of the CO-OP, my hands are tied b/c i can't negotiate with the tenants on a extension that would be a less expensive situation for everyone (i.e. going through a legal procedure). What can I do?

2) I have requested from the board, on multiple occasions an extension on the lease as well as allowing me to rent my CO-OP, b/c of the current environment and financial stress. It's a CO-OP, so there isn't much that i can do to fight the bylaws. Any recommendations?


Asked on 8/22/10, 7:57 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You are between a rock and a hard place (as the saying goes). Unfortunately, the tenants must go. Therefore, at the end of the lease you will have to commence an eviction proceeding to remove the tenants. This should satisfy the cooperative.

In terms of fighting the cooperative, I really do not think there is much to do other than to sell the unit.

Mike.

Read more
Answered on 8/27/10, 8:56 am
Steven Czik CZIK LAW PLLC

As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. We have handled many such cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

Read more
Answered on 9/02/10, 3:57 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York