REFinBlog

Editor: David Reiss
Brooklyn Law School

January 17, 2018

How to Rent out A Condo

By David Reiss

photo by Tokyodcs

Realtor.com quoted me in How to Rent out a Condo: Watch out! It’s Not the Same as a Home. It opens,

How to rent out a condo: This may seem like a simple question, but if you own a condominium, you probably know it’s actually rather complicated.

For those who are foggy on what a condo is, let’s start with the definition: It’s a home, typically part of a larger building, that comes with shared common areas such as yards and garages that are maintained by hired help, rather than by individual owners. This makes condo ownership a breeze, by comparison with the labor involved in maintaining your own house, and you pay for that convenience in condo fees.

This more communal living arrangement, however, also means that you can’t just rent out your place whenever the whim strikes. In the past, condominiums were pretty flexible about allowing unit owners to rent out their homes. In recent years, though, condo associations have become a little more restrictive, according to David Reiss, professor of law and academic program director at Brooklyn Law School. Here we break down everything you need to know about how to rent out a condo.

Step 1: Read your condo association’s governing documents

Every condominium is different, but they all have one important feature in common: Owners are subject to a set of rules established by the condo association and upheld by the Board of Directors. Some do not allow for renting as an option. Review your condo association’s bylaws, and/or rules and regulations, to understand the existing policies regarding renting out units.

Step 2: Know your condo association’s restrictions

If renting is allowed, there may be limitations on the length of the lease term—including minimum and maximum times—and on whether pets are allowed. Also look into whether or not renting has been an issue in the past, which could give you a crystal ball into your future. “Review board meeting minutes to see if any new policies are being discussed that might impact your plans,” says Reiss.

Another potential renting deal-breaker to be aware of is that some condominium associations allow only a certain percentage of total units to be rented out at any one time. Check to see if the current ratio of rented to non-rented condos will accommodate your unit. Keep in mind that some associations only allow renting after an owner has lived there for a minimum period, usually two years.

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