QUESTION

Can my cousin stay and live in my appartment?

Asked on Dec 04th, 2012 on Real Estate - New York
More details to this question:
My wife and I bought a cooperative appartment in New York city. There are a lot of rules that we have signed during the closing. One of these rules is that we are not allowed to rent this appartment. When our family got bigger then We have moved out of this appartment because is too small for the parents and 3 children and bought a house. Now my cousin lives in this appartement. But the cooperative board wants to sue me and take away my appartement. Can cooperative sue me and take this appartement from us?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
The answer turns on the proprietary lease and the way it is written.  In general, if the owner, i.e. you, is not living there, then a family member not on the lease cannot stay there alone.  However, these cases usually settle.  I assume your cousin is doing something that is annoying someone, and it needs to stop.
Answered on Dec 05th, 2012 at 10:26 PM

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