Sublet without contract - moving out (lease, how much, month-to-month)

[Bossa]

Hey guys,

Been subletting for nearly 2 years, found it on craigslist, its a 3BR, shared apt with 2 other guys, only 1 guy on lease. I never signed anything, just gave 2 months security.

Now leaving Dec 1 as changes in my work life basically mean I couldn't afford it anymore, put my room on CL, had people viewing, no takers yet.

I gave notice on Nov 7, and have paid Nov rent obviously.

Leaseholder claims I need to keep paying rent until I find someone to replace me. I said, no, that's why he has 2 months ahead etc, I never signed anything etc.

It's actually being tough finding someone as the guys are quite picky (they don't want a female, don't want this, don't want that) and it's obviously not high season...

I'm obviously still hopeful I can find a replacement, as I want my 2 months back, but worst comes worst, what am I legally obliged to do?

[Henna]

I'm not sure, but in a regular month to month agreement, which you seem to be in, you give your 30 days notice and you are good. Anyone without a lease in NYC is assumed to be on a month-to-month agreement. You can look it up and give the info to the leaseholder. Sounds like the guy is just being an ass.

Look on page 6 of this guide under "month to month" http://www.ag.ny.gov/sites/default/f...ights_2011.pdf (page 6 of the document but it's page 9 of the pdf itself)

[Kefir King]

I'm obviously still hopeful I can find a replacement, as I want my 2 months
back, but worst comes worst, what am I legally obliged to do?

You are obligated to do nothing. you can move out 5 minutes from now.
The leaseholder may or may not give you your money back and if he does not, your only recourse is to try to get it in court where a judge may or may not be sympathetic to your undocumented claim.

Lesson: when you give someone a sizeable chunk of money, get it in writing: how much, what is it for, can I get it back, etc.

Likely scenario: If you move out without finding a replacement, you will be out the 2 month security. But even you admitted as much:

Leaseholder claims I need to keep paying rent until I find someone to replace
me. I said, no, that's why he has 2 months ahead etc

[Bossa]

Thanks guys