Am I able to have an unrelated person reside rent free in my apartment while I’m away if my coop board has declined my petition to sublet?

UPDATED: Aug 23, 2011

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Am I able to have an unrelated person reside rent free in my apartment while I’m away if my coop board has declined my petition to sublet?

I own an apartment (actually shares in a co-op). I am moving abroad for work and petitioned my self managed co-op board to sublet. They declined my petition without reason. Technically, they are not required to disclose the reason for rejecting my petition to sublet and I have not pursued the reason. I will be occupying the apartment intermittently and will still claim the apartment as my principle residence, continuing to pay NY state taxes, mortgage, co-op fees etc, and receive my mail at this residence. Am I allowed to have a friend occupy rent free?

Asked on August 23, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order to answer your question, you need to carefully read all recorded "covenants, conditions and restrictions" concerning your property which you own in that the recorded documents and any rules created as a result of the recorded "covenants, conditions, and restrictions" will control what you can do and not do with respect to your property and the possibility of having a "guest" reside in your unit rent free.

Most likely there is no prohibition as to your property and the ability to allow a "guest" stay in the unit rent free. If you will still be occupying the unit from time to time, I see no rationale basis prohibiting its use by a third party friend. An occupied unit is always best from a safety standpoint in the event something goes wrong inside it.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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