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Am I illegally subletting, or am I apartment sharing?

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Am I illegally subletting, or am I apartment sharing?

Postby bdrizzy » Tue Apr 22, 2008 1:49 pm

My uncle owns an apartment in a coop building. He lives in Connecticut but works in the city two or three days a week, and stays in the coop.

I am a graduate student from out-of-state, and my uncle has graciously been allowing me to stay here for the past school year rent-free.

Just last week the lawyers of the coop board sent my uncle a strongly worded letter telling him that he is in violation of the subleasing article in the contract, and that the "occupant" of the apartment must leave within 30 days or he'll have to forfeit the apartment.

I was under the impression that since I am family it was not a problem for me to stay here, and since there is no money changing hands between us then I am not technically subletting. Besides that, my uncle is here at least two nights a week, and he pays all his fees and taxes on time.

Is there any way to rectify this situation without being evicted? Are we in violation of any landlord, tenant, or housing laws? What are our options here?
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Postby TenantNet » Tue Apr 22, 2008 2:05 pm

From what you post, it's not a LL-tenant issue, but a coop issue and may depend on what the coop agreement says.

For tenant issues - if they were applicable -- a tenant must actually live in the unit as their primary residence. It's not so much that you are there, but that the uncle isn't there more than 2 days/week. Remember, a roommate is when the tenant and occupant both reside there at the same time. A sublet is when the tenant leaves for a defined period and a person then moves in, but AFAIK, it also depends on consideration, i.e., money from the sublet to the tenant.

Perhaps the uncle should consult with a coop attorney.
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Postby bdrizzy » Tue Apr 22, 2008 2:33 pm

Do you know if there's a similar forum for coop issues? Or do the leases and contracts vary so much from one building to the next, would it even matter?
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Postby TenantNet » Tue Apr 22, 2008 3:05 pm

At this stage your uncle should speak to a lawyer.
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