Q: roommate vs. illegal sublet
If a shareholder in a co-op has a roommate, and the shareholder leaves for a vacation (without the roommate), will that situation then be determined to be an illegal sublet?
A:
A roommate is someone sharing the living space with the tenant so that both are in occupancy of the apartment simultaneously. An illegal sublet involves a situation where the tenant vacates the apartment and rents the premises to a sub-tenant without the landlord's permission. If a tenant lives with a roommate and goes on vacation for a long weekend, the landlord would probably not even notice. However, if before leaving for a year-long vacation in Europe a tenant installs a "roommate" in the apartment, you could be pretty sure that the landlord would allege this was an illegal sublet. Essentially the determination depends upon the facts.
In a coop, a shareholder is granted a proprietary lease to a particular apartment. This proprietary lease, together with the By-Laws and House Rules determine the shareholder's rights and responsibilities. Failure to comply with the terms of all these documents can result in the imposition of stiff fines by a Board and possibly eviction from the premises. These documents will also usually provide that the shareholder is responsible for the Board's attorneys fees. As a result of these factors, the dispute can become costly very quickly making it worthwhile to take the time to retain an attorney quickly if you find yourself in a dispute with the Board regarding this type of issue.
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