When a lot of different people live in a big building like a condominium, chances are there will be some issues to deal with. As the building owner, you should always check with your NYC real estate lawyer before taking any action against a condo owner. The laws are much different than those where a landlord-tenant relationship is present. In most situations, condo owners cannot be removed or evicted if they violate rules or policies. Here are some situations to be aware of.
Foreclosure Can Remove A Condo Owner
If there is a successful foreclosure, then a condo owner can be removed. However, the eviction must be initiated by the foreclosing lender. Or if there is a common charge foreclosure, then the condominium can initiate the eviction. If the court entitles the condominium to collect occupancy and use from the condo owner, and they don’t pay, then an eviction could be a possibility. Seek guidance from your lawyer in New York since every situation is different.
Can Unauthorized Leasing Lead To An Eviction?
Unauthorized leasing might seem like a situation where eviction is possible, but it’s not in most cases. Your NYC real estate lawyer will suggest obtaining an injunction to prevent the condo owner from continuing the conduct. If the condo owner continues to engage in unauthorized leasing practices, then your real estate lawyer in New York should get involved. Even then, it could take months or even years before the courts decide whether the condo owner’s conduct merits an eviction.
Tenants Can Be Evicted By Condo Owners
In the event that a condo owner is legally leasing their condo to a tenant, then the tenant can be evicted by the condo owner or even the building. If the tenant is breaking condo rules, then the by-laws of the condo might give the building the authority to evict the tenant. The condo owner could be on the hook for any legal expenses surrounding the eviction. Complex situations like this require the expertise of an NYC real estate lawyer.
Gordon & Gordon is one of the top law firms in NYC for handling complicated real estate legal situations. We have many years of experience and are often turned to in major real estate legal cases. Whether you are a building owner or a condo owner, we can help you navigate your case. Don’t hesitate to contact us to schedule a free consultation and review your case with our legal experts.