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  1. #1

    Default Subletting After Moving Out

    My question involves landlord-tenant law in the State of: New York

    I signed a 1 year lease last August 2011. At the time of signing I was told I can continue to stay on a month to month basis once the lease agreement expires. I have to move out 1 month before my lease agreement ends due to school and I would like to find a subletter for the last month of the lease. Would my subletter legally be allowed to remain here on a month to month basis once my lease term is up? I spoke with my landlords manager and was told that they would not; that month to month rule only applies to me. This is a bit of a problem because month to month leases are popular and it will be much harder to find a subletter if I can only rent the place for a month. She also said that she already rented out my room to a new tenant starting August 2012. I find that funny because what if I chose to stay here on a month to month basis once my original 1 year lease expired? She told me that I told her a few months ago that I will not continue staying here when my lease is up which is why she already found new teneants but I absolutely do not recall telling her this.

    Are they beying straight with me or just trying to screw me to maximize their profits?

  2. #2
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    Default Re: Subletting After Moving Out

    You can start by reading your lease to determine what it says about subletting.

    Normally a sublease, even if approval by your landlord is required, would be between you and your subtenant. I don't see why your landlord would care about a subtenant moving out after a month or two as long as they're getting the full rent. On the other hand, I can see why they would object to the idea that you might have somebody new living there every month.

    You have no right to stay past the end of your lease term, except as outlined in your lease. If you have indicated that you are moving out, the fact that you might theoretically have asked your landlord to stay past the end of your lease term is irrelevant - you already told them that you aren't staying.

    Where in New York are you? New York City, for example, has special rules relating to subletting. Check your local ordinances.

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