New York, NY asked in Landlord - Tenant for New York

Q: How do I get my name removed from month-to-month lease shared by uncooperative co-tenant?

Ex and I signed lease for an apartment in June 2020. After one year it became a month-to-month lease. I have not actually lived there for well over a year. Just found out that for an entire year prior to that she was taking most of the money I gave her towards my half of rent and not paying the rent. And she also just stopped paying it this year but was able to get government assistance to pay for a large amount of the back payments. I recently found out my name is still on the lease, there's a 5000 balance and it's going to collections if I don't pay it. I paid it as I cannot afford something like that on my credit report. Things have turned ugly between her and I since and I want to officially get my name off of this lease. Landlord says she has to apply for her own lease or we BOTH have to give a vacate notice. How do I get off if she fails to cooperate? Will I essentially just be stuck being responsible for this rent as long as she decides to take advantage of the situation?

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Manhattan Tenant:

How does a month-to-month tenancy continue with you as a tenant after you moved out and ceased paying rent to the landlord?

In NYC a tenant ends a month-to-month tenancy by moving out and by not paying rent after moving out.

In NYC landlords cannot properly send an alleged rent debt to a collection agency without first securing a judgment for money that is claimed owed and not paid after serving a 14 Day Rent Demand and winning a trial or a default judgment in NYC Housing Court against the tenant in a properly commenced Nonpayment (of Rent) Summary Proceeding.

Outside NYC it is even easier to end a month-to-month tenancy. Simply provide written notice to the landlord with one month's heads up that you are moving out. That's all it takes.

Daniel Michael Luisi and Peter J. Weinman agree with this answer

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