Asked in Landlord - Tenant for New York

Q: New York, NY: 4-Month Sublease for Jan. 4 - Apr. 28, 2024 Q1) As a tenant, am I entitled to prorated rent for Jan?

I.e., do I have the right to only pay for Jan 4 - 31 for my first month?

Q2) The lease is written in the form of a sublease (i.e., I rent from the Tenant). Should I ask the "Tenant" to show me his lease to prove that he's authorized by the landlord to sublet the condo to me?

Q3) The "Tenant" (whom I'm renting from) requested that I sign the lease for Jan 1 - Apr 30, 2024 even though I can only arrive and occupy the condo from Jan 4 - Apr 28. If something happens to the condo between Jan 1 - 3, am I liable for any damages caused? Thank you so much for all your help :)

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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

New York State housing does not recognize the notion of prorated rent. But just because State law does not require that every rental agreement take prorated rent into account does not prevent the landlord and tenant agreeing to do so when they make up the lease. If you don't want to pay rent until January 4 you should demand that the lease say so. If the condo unit owner agrees with you then by agreement you have prorated rent.

Tim Akpinar agrees with this answer

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