State Specific Question About: NEW YORK (NY)

Hi everyone, thank you for taking the time to look at my situation.

I have been subleasing an apartment since 1st of July in NYC, I want to leave a bit earlier (in the middle of the month of december) using the Termination Notice of the contract but the Sublandord not happy with the idea is saying I cannot because we have a month to month contract. (his own lease expires 31st of december and he will not renew it)

Below are the Sublease Agreement conditions:

1. Lease Term: The Term of the lease will be for a period of 6months, beginning on July 1, 2017 and ending on December 31, 2017.

5. Termination Notice. Subtenant's tenancy will terminate on the date specified in Section 1 above, unless Sublandord and subtenants sign another written agreement prior to the end of tenancy providing for an additional period of tenancy. All parties reserve the right to terminate this agreement by providing 60 (sixty) days' notice.

I sent an email on the 15th of october to the sublandord saying I was terminating 60 days later on the 16th of December.

3 questions:

1- Does he has the right to force me to pay all december month?

2- Does he has the right to go inside before the 31st to get his stuff? As he is leaving the premises on the 31st as well, he will come earlier to get some of his stuff (he left all his belongings like books, luggages, dolls,... in the apartment.

3- If he decides to keep on the deposit what i did not pay (which was my right) for the end of December, can I do anything? (those $500 right before Christmas would be very helpful...)

Thank you a lot for your answers,

Oliver

Thank you for your answer Vee.

However I did not have this info and the contract did not mention it. If I knew I would have sent the email 1st of October, for 1st of December.

The laws typically say that such notice would have to have been given by the first UNLESS the lease offered a different timeframe.

So the fact that the lease doesn't mention it, means that notice should've been given by the 1st.

You need to check your local/state law on this. In some states, if you can terminate on 60 days notice, you can give notice on the 15th of Oct to terminate effective the 15th of Dec and you would owe only a pro-rated amount for Dec 1 through Dec 15. In other states, the LL is entitled to the rent for the full rental period (through the 31st).

As to your security deposit, Small Claims Court is good!

Your *lease* ends on Dec 31st and you are responsible for the rent through that date. The 60 days notice that you gave was good because it was due before the first day of November.

If you did not pay the $500 deposit, you are not getting that any of that money. Also, the landlord has a certain number of days before he has to mail the accounting of the deposit to his tenant (your "sublandlord"). The amount of time is according to the landlord/tenant laws for NYC.

Thanks to all of you.

@Robin: The 500$ represent the amount (prorata) that I should not pay for the month of December.

In case the law in NYC is with me and at the end of November, I pay my rent minus the $500 (because it is my right) I am just scared he gives me back my security deposit minus the $500.