Q: We personal an condominium in a high-rise rental constructing in Manhattan, which we use as a pied-à-terre. For years we’ve allowed associates to remain within the condominium once they go to New York and we’re not there. The doormen have not too long ago been instructed to not permit entry to visitors until the tenant is with them. When requested to justify the brand new coverage, administration pointed to the supply that restricts short-term leases and subletting. I respect the priority about turning an condominium into an Airbnb, however we have now by no means charged anybody to remain and have solely provided it to shut associates. Can they actually declare {that a} pal staying over is a breach of our lease? Do we have now any recourse?
A: Although no cash is altering arms, what you have got described could possibly be thought of a short-term rental, violating your lease and metropolis and state legal guidelines. You or your landlord might doubtlessly be fined for violating town legal guidelines, and you could possibly be evicted for violating the phrases of your lease.
A regular New York Metropolis lease permits solely tenants and permitted occupants to remain within the condominium. Meaning you possibly can dwell there with your loved ones, a roommate or a associate. You’ll be able to invite visitors to remain in a single day, if you’re current. And, in case you’re away or out for the day, a service supplier like a cleansing service or canine walker can cease by. However you can not hand your keys over to unsupervised in a single day visitors, no matter your friendship, even when the keep is free.
“From the owner’s perspective, anytime they see strangers coming into the condominium when the tenant isn’t there, it seems to them like Airbnb,” stated David A. Kaminsky, an actual property lawyer in Manhattan. “The telltale signal will likely be when somebody is available in with a curler bag that’s not identified to the entrance desk and so they say one thing like, ‘My pal left the important thing for me.’”
Town has been cracking down on short-term leases, proposing new guidelines that may require landlords and tenants to register flats, maintain data of visitors and observe metropolis codes. Violators might face substantial fines. Your neighbors is perhaps sad with unknown guests, too. They don’t know if an unaccompanied visitor is a trusted pal or a stranger who booked the condominium by way of Airbnb.
“If you happen to dwell subsequent to that condominium, you may not really feel snug,” Mr. Kaminsky stated. “You’re sleeping there and waking up within the morning and also you don’t know who’s there.”
For weekly e mail updates on residential actual property information, join right here.
