Legal Question in Real Estate Law in New York

Is a signed lease between condo unit owner and rental tenant null and void if the condo board does not approve since it was not submitted for approval? Well it was submitted but before all necessary documents were received for it to be submitted for board approval, I changed my mind and wanted a different unit in the bldg and have been since approved and moved in. I no longer wanted the 1st unit from the unit owner, but do I owe her $ if she has not found a new tenant?

Asked on 3/07/13, 6:55 am

1 Answer from Attorneys

Paul Vaygen Law Offices of Paul A. Vaygen

If this particular condo's rules and typical, then the lease is void until the application is fully submitted and the board approves it.

Actually, most condo boards do not have the right to refuse an application. What they have is a right of first refusal. This means that they have the right to find the owner their own tenant on the same terms if for some reason they do not like the applicant. However, this makes no difference in your case.

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Answered on 3/08/13, 4:42 am

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