Cooperative Apartment Sublease Agreement

Cooperative apartments are different from individually owned subdivision properties, ordinary leaseholds, and condominiums. In subdivisions, each individual owns a home in fee. In an ordinary leasehold, the lessee holds no ownership interest in the lessor. In condominiums, each owner holds fee interest in a particular unit, together with an undivided fee interest in the common areas and facilities.

Cooperatives are often formed by members paying a membership fee or purchasing shares of stock. In a stock cooperative, members are issued stock certificates as evidence of their membership and capital investment. More than one type of stock may be issued. An apartment cooperative will typically be a corporation renting apartments to people who are also owners of stock in the corporation. The apartment complex is owned by the corporation.

Due to the proprietary nature of members' or stockholders' interests in the venture, substantial restrictions are generally imposed on lessee's rights to assign and sublease. Typically, assignment and sublease require consent of the board of directors of the corporation after examination of the suitability of the prospective assignee or sublessee.