Q I rent an apartment in Manhattan and was subletting a room to the friend of a co-worker. One day, he moved out, with no notice, while I was at work.
He still owes me a month’s rent and his share of the utilities and other bills we split. We had a verbal agreement that I would get a month’s notice. What recourse do I have?
A “A verbal agreement is enforceable in court if the agreement was for less than one year or if no time period was specified,” said Christina Fortunato, a landlord-tenant lawyer in Flushing, Queens.
In New York City, Ms. Fortunato said, the law treats a roommate who is not identified on a lease and who is paying rent to the tenant as a month-to-month subtenant.
And unless there is an agreement to the contrary, such occupants are not required to give notice before moving out.
In this particular instance, since the apartment is in New York City, it would be up to a judge to decide whether the tenant and subtenant had an enforceable verbal contract that required advance notice.
Ms. Fortunato added that the tenant could go to small claims court to attempt to recover whatever rent and expenses are due from the subtenant.