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  1. #1
    Join Date
    Nov 2005
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    106

    Default Subletter Moved Out with No Notice, Wants Rent from 6 Months Ago Back

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

    We have an apartment in which two people are on a lease, and a third sublets the extra room from us. When the most recent subletter moved in the first week of November, we had a verbal agreement that she would pay first and last month's rent upon move-in, and give thirty days notice before moving out. (Stupidly, I didn't have her sign an agreement, as I've never had problems going on trust in the past. Not a mistake I'll be making again.)

    On May 6th, we discovered that she had advertised her room as being for rent without telling us, and planned to move out on the 12th. Despite her violating the thirty days notice stipulation, I agreed to give her back a half-month's rent.

    She claims she's entitled to 3/4's of a month's rent, as she moved in on the 5th and moved out on the 12th. I would think that she agreed to pay all of November's rent in November, she is no longer entitled to that money, but she claims that since she didn't pick up her keys until the 5th that's when her sublet started.

    There's a fair amount of bullying by law going on--she's also threatening to contact the landlord about the dispute, despite the fact that since she's on the lease, her contract is with us, not him--so I'd appreciate knowing how much of what she claims she's legally owed she actually is.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Subletter Moved Out with No Notice, Wants Rent from 6 Months Ago Back

    Per the AG's guide, "A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month." So assuming rent is due on the first of the month, notice given on May 6 would be effective on July 1. You have shortened that to thirty days notice by contract, but I'm not seeing why she thinks she can further shorten the required notice period.

    Outside of NYC:
    Quote Quoting New York RPP Law, Sec. 232-b. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York.
    A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided, however, that no notification shall be necessary to terminate a tenancy for a definite term.
    In NYC, See NY RPP Law Sec. 232-a.

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