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Breaking a lease when there is no lease? (old lease expired and we never re-signed)

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emilyx46

New member
Hello everyone! I'm new here, I just signed up on this forum to hopefully get some advice on my current situation!

Starting with a backstory, I’m 24 years old, and I run my own business and work from home. Last year I graduated college, and as of right now I am fortunate enough that I am able to make good money from the business that I had started. My boyfriend, on the other hand, has been without a job for 2 years. For those 2 years I have been paying the rent fully, as well as any other expenses. He has had a drug problem in the past (10+ years ago) and when we had gotten together I thought he was rehabilitated, I was young and didn’t really realize. Unfortunately he relapsed and has been on and off of drugs the past two years. Any sane person would ask why I have stayed so long, but to be honest I kept being hopeful that I could help and try and change him and help him get better, but I have just about had enough.


So the lease on our apartment, we have been living here for about 4 years now. This is the second apartment I had ever lived in and the previous one was for less than a year. The first 3 years of living here, we would sign a year-long lease each time. Both of our names were on the lease. Last year, once the lease expired, I kept on my landlord about re-signing. He kept saying “yeah I’ll bring the lease soon!” But it never happened, and then time passed and I stopped asking. So basically, we have been living in this apartment paying rent month-to-month (well I’ve been paying the rent, my bf has not). Considering neither of our names are on the lease, what happens when I give my (would it be 30 days or 60 days? ) notice to leave? What is the proper protocol for giving notice of moving out of an apartment when there is no actual lease that was signed? Would both my boyfriend and I have to put in the notice or am I able to put in my own notice? My bf clearly can’t stay here by himself as he does not pay rent nor does he have a job so I don’t know what he would do. I know that whatever he does is not my problem but I somehow feel responsible and almost stuck in a way because I don’t want to leave him homeless. Sorry if the answers to my question are obvious but honestly I've never done anything like this before and I just want to make sure that I go about it correctly!! Any advice would be helpful on the proper way to move out of this apartment! Thanks!


*I forgot to mention I live in NYC!
 
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Shadowbunny

Queen of the Not-Rights
NYC requires 30-days (not 1 month) notice. NYC Tenant Rights

And although you didn't ask, please don't worry about your b/f. He has made his choice. If he ends up homeless perhaps he'll be motivated to find help. But your enabling him is doing him more harm than good.
 

HRZ

Senior Member
Caution ...there is a lease , someplace , a hold over of the prior one or oral or something ...if you move out but fail to return an empty ready to go unit to LL because BF is still there ...you might be on hook to pay until he also leaves ...just be darn careful you are released from lease and or the unit is surrendered .
 

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