Breaking a Lease Penalty for leaving Illegal Sublet?

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kokocp

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Hello,

I have been living in an illegal sublet since April of 2008. The sublet is illegal because her lease states that she cannot rent out her rooms if she is not living there. She has moved out and is renting the apartment and I believe making money off of it.

When I moved in I signed a contract that she drafted that was valid from April 15, 2008-April 15 2009 with the option to renew. The original lease had the clause "If either party wishes to terminate agreement - they agree to give a 3 month notice"

Since April of this year I have been bugging the woman I've been renting from to draft a new lease with a change to the termination clause. I wanted to change the termination notice from 3 months to 2 months. She never drafted the lease so I ended up doing it myself in September. I sent it to her and she said she would give it back to me signed when she came to pick up this month's rent, which she has yet to do, so I don't have the lease and she doesn't have this months rent.

Since then there have been several changes and I no longer wish to live there. She moved in a roommate into the apartment without my consent. She said I would have the ultimate word on who I would be living with but then told the girl she could live there without asking me first. The apartment then had a mouse problem which she blamed on me, and the space is in need of several repairs, first and foremost the sink has been dripping nonstop and we have asked her to fix it 3 weeks ago with one failed attempt and no follow up.

I am tired of living in this place and dealing with this woman and wish to leave immediately. My question is: If I leave, is this woman entitled to any amount of money from me? She did not request a deposit when I moved in so she has none of my money. I'm just wondering if I am still obligated to pay her 1, 2, or 3 months rent if neither of us has signed a current agreement. If she argues that I owe her money, will her argument stand up in court if it was an illegal sublet?

If you could please help me as soon as possible I would really appreciate it!
 
So...the illegal set up was just fine and dandy to you when you were happy there, correct? However, now that you're looking to leave immediately (without financial penalty) you want to use this illegal sublet as your out.

Typically in the absence of a written lease, a tenant is said to have a "tenancy at will" or be a month to month renter. Attached are the steps to terminate such a lease in New York state:

http://www.rentlaw.com/ny/monthtomonth.htm

Gail
 
I disagree with Gail in the LEGAL analysis of this situation but I totally agree with her morally. This "illegal" operation was fine with you while it suited your purposes, and now that you want to leave you want to complain that it is illegal. That is a moral problem. You are not a tenant at will. Your Landlord had no right to enter into a lease contract with you in the first place so any tenancy would be null and void.

If she had not moved a roommate in with you I would say you "should" give her 2 months notice since that is "what you bugged her to do." But, since she moved in a roommate and is now interfering with your quiet enjoyment of this illegal sublet I say she is covered. I would still give her 30 days notice before I left, but that's me.

You have no contract because any contract you have would be void.
 
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