I rented a room in my co-op ( own a 2 bedroom unit). The person has lived with me with no issues for 4 years. I went out of town during the holidays (11/04/15 to 01/07/16). When I returned there was a letter from the co-op management stating that my tenant needs to move. I wrote a letter as per their request stating her relationship to me. The letter was submitted to the board and the board decision was that she need to vacate by March 21, 2016. I gave her the case and that she must move by March 21, 2016. I was also told she couldn't reside in my apartment when I am out of town. I asked her to find a place to stay from February 24 to March 9, 2016. I asked her for the keys and she refused to relinquish them. Management came and told me that they would change my front door key. She still kept the key to her room. I told her she could keep her room secure while I was gone. Meanwhile she has secured an apartment to move in February 18, 2016. She removed some of her belongings to her new place before I went out of town February 24 I told her she could get the remaining of her stuff when I returned and March 9th. March 21 she came and took some of her belonging.
Yes, as long as she still keeps the key and keeps using the room, you are entitled to rent from her. However, I would strongly suggest that you be fair about it and let her know that this is the case.
You may also want to consult with an attorney about terminating her tenancy in the room so that you can demonstrate to the coop that you are in the process of curing the violation of your proprietary lease. In order to do so you need to have a notice of termination prepared and served on her. If you have her served before the end of April you can terminate her tenancy as of May 31. If she fails to remove her belongings and surrender the key to you by that date you can then proceed to start a case called a holdover proceeding to recover legal possession of the room and cure the violation.
The above constitutes general information only and should not be considered legal advice.
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