Someone in our condo building is trying to split their duplex unit into two and sublet it out to 2 different people. Is this legal?


Comments

  1. My condo docs say that the owner has the right to rent out each unit to one FAMILY, where a family is defined as consisting of at most two unrelated people. You should read your condo docs carefully to see what they say. Also, in mine, the condo board has a right to first refusal for sales and rentals and must be presented with information on each sale and rental before waiving this right.

  2. Chickenoid: You have put your finger on a fairly standard condo by-law provision: No leasing out less than 100% of a unit. The board should be able to act on this. Let them know.

  3. “Yes, but isn’t there additional wear-and-tear, more water used, more people.”

    That’s why I think nobody in my coop should be allowed to marry and/or reproduce.

  4. Creating two separate units where there is one? Without changing the building’s c of o? That would be a problem. When would this ever be legal?

    It is one thing to do that in your own building where you take all the risks upon yourself (not being able to evict a tenant from an illegal unit, causing a potential safety/fire issue, etc), but in a condo where at least some elements of the structure are owned in common with others.

    No so good…

  5. Yes, but isn’t there additional wear-and-tear, more water used, more people. That would affect everyone’s interest in the building. Could there be a C of O issue for the split apartments. I think a prudent person would look into this.

  6. 5:55, are you aware of the differences btw coops and condos? The OP never mentioned coops…

    Seems to me this would require a change of C of O, at the very least…

  7. A: as far as the general law is concerened, a person may do anything they like with their property in so far as they dont endanger others, they get the proper licenses necesary to perform whatever work is being done, they adhere to any other laws pertaining to their space/provisioning/work orders.

    In some cases it MAY be illegal to subdivide an apartment, however its generally only illegal if done without whatever proper changes to the title are needed.

    B: In contract law, it may not be allowed by the contract the person signed with the Co-Op.. many co-ops do not allow renting at all (which iss often a reason they are significantly cheaper than condos).

    However, if such an isue exists, it would be between the co-op board and the tenant.

    I hate to say it, but your question/post sound a lot like someone with an axe to grind, jalousy, or beef. If they arent TRULY hurting you (non-trvially), then what business of yours is it what they do? The answer is invaribaly… none of your business.

    Of course, this is yet another reason why co-ops tend to be less expensive, and often problematic for a lot of people… a miniture example of the flaws of communism.

  8. and what does it say in your bylaws as to what action the condo association may take against them?? I assume this is a small 2-4 unit condo. Legal fees might be high!!!!