If you are renting an apartment and sublease out a bedroom to someone without a lease, does that person need to give a notice prior to moving out?

A renter has rented the room for 9 months and pays rent each month.

Asked on July 1, 2012 under Real Estate Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Okay first of all you may have violated your lease agreement with your landlord if in fact you sublet a room in your apartment.  You need to figure that out.  If the sublet is illegal then the noice requirement is really not an issue.  If the sublet is legal and you have a lease then the lease governs and if they are leaving prior to lease end they are in breach.  If they are a month to month tenant then they must give you 30 days notice.  Good luck.

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