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*Sigh* at some of the posts here. A contract/lease need not be in writing to be enforceable. Yes, OP, you are liable for breaking your sublease early. Note, though, because nothing is signed, I think NY may be one of those states that presume that your sublease is a month to month, meaning that you're supposed to give 30 days notice before moving out. However, that presumption can be overcome with other evidence that the sublease was supposed to be for a longer, predetermined time (I'm talking text messages, emails, etc.).
While contracts worth more than a certain amount (as well as contracts for marriage, real property, etc.) are generally required to be in writing, the fact that such contract isn't in writing doesn't make it not enforceable. They are nonetheless enforceable if the other party relied to his detriment (look up promissory estoppel) when the promise/contract was made.
While I am an attorney licensed in NY, I am not giving you legal advice, but am rather going over what the general state of the law is. I recommend that you sit down with an attorney and discuss things.
Er, as a practical matter, attempting to litigate a promissory estoppel claim on an oral sublease of a few months' duration is a total nonstarter. Even as a theoretical matter, if the contract bars sublease without the landlord's written consent, as it almost certainly does, the lessee simply wouldn't have the power to enter into a sublease with the poster without that consent (or as otherwise provided for, but it doesn't sound like the lessee went through the necessary steps to establish consent unreasonably withheld).
Er, as a practical matter, attempting to litigate a promissory estoppel claim on an oral sublease of a few months' duration is a total nonstarter. Even as a theoretical matter, if the contract bars sublease without the landlord's written consent, as it almost certainly does, the lessee simply wouldn't have the power to enter into a sublease with the poster without that consent (or as otherwise provided for, but it doesn't sound like the lessee went through the necessary steps to establish consent unreasonably withheld).
Those are all facts not in evidence/known to the reader in this forum. This is why I recommend that the OP sit down and talk to an attorney.
And I disagree about attempting to litigate a promissory estoppel on an otherwise legal oral sublease (assuming that this is a lawful sublease) being a nonstarter. This is why we have small claims courts/housing courts. They routinely deal with such small/"trivial "matters as these issues involve real money for real, hardworking people.
Now, I don't know if a LL would ever seek to file such a case, but the point remains that the gouge that the OP would automatically be free and clear as there was no signed lease is completely incorrect.
Last edited by prospectheightsresident; 08-15-2019 at 11:37 AM..
Er, as a practical matter, attempting to litigate a promissory estoppel claim on an oral sublease of a few months' duration is a total nonstarter. Even as a theoretical matter, if the contract bars sublease without the landlord's written consent, as it almost certainly does, the lessee simply wouldn't have the power to enter into a sublease with the poster without that consent (or as otherwise provided for, but it doesn't sound like the lessee went through the necessary steps to establish consent unreasonably withheld).
ergo as was stated there is no lease and thus no guaranteed right to reside in the dwelling nor obligation to continue paying
"Those are all facts not in evidence/known to the reader in this forum."
Attorneys who don't know the facts on the ground are pretty ineffectual. A residential lease that didn't require written consent for a sublease in NYC would be rare as hen's teeth, and there is a specific statutory process for seeking consent for a sublease in order to gain release from the lease which it is highly unlikely the poster went through and just forgot to mention. He clearly states he never signed anything with the landlord himself.
And, as for the small claims stuff, I'm guessing you don't actually do these cases or you wouldn't be so blase about the costs involved, or the difficulty in proving an oral lease, much less promissory estoppel (jeepers).
Understanding what the client's legal rights are in any situation is only the first step and can be performed by anyone who can crack a book. Understanding the practical difficulties and costs involved in enforcing them is far more important.
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