My friend, call him F1, rents an apartment month to month and is required to give 30 days notice when he wants to move out. He rents to another friend of ours who is not on their lease, call him F2.

F2 told F1 that he was looking at apartments closer to his job on the 7th of January. It's now the 11th of January and F2 hasn't told him wether or not he's moving out, but it's almost guaranteed that he does.

F1 asked him for half of Febuarys rent, because F1 legally couldn't move out until March now but F2 isn't agreeing to that.

Since F2 isn't on a lease, and F1 didn't have him sign anything when he moved in, can he legally ask for half of Febuary. I personally think he should ask for all of Febuary but he's trying to be nice since they have been friends for a long time.

Location is New York USA

  • 2
    If nothing was signed between the two friends, then it becomes a question of what's the locales laws on sub-letting and default notice periods? If there aren't any default notice periods for sub-lets, F2 can walk away the next day - the 30 day period on the lease doesn't bind them as they aren't on it, and there is nothing statutory, so....
    – user4210
    Commented Jan 12, 2019 at 8:31
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    This needs the country and specific location tags, so local law can be drawn on.
    – user4210
    Commented Jan 12, 2019 at 8:31
  • 2
    Does F1's lease allow him to have F2 living there for an extended period in the first place? If not this may diminish F1's claim to begin with. Commented Jan 12, 2019 at 8:57
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    Not worth posting as an answer - there's unlikely to be a law against asking, but without a contract (or local default assumptions) F1 has nothing to enforce. Commented Jan 12, 2019 at 12:12
  • So F2 is refusing to pay for any days in February? He should at least pay a prorated amount until he moves out.
    – mkennedy
    Commented Jan 12, 2019 at 15:46

1 Answer 1


The legal situation is unclear. I assume that only F1 has a written lease with the property owner for a tenancy at will, and that F1's arrangement with F2 is informal (if there is a written contract, that would govern the situation). In lieu of specific statutes governing the situation, F2 would have no notice obligation to F1 unless there is an agreement that F2 must provide 30 days notice. There are laws like NY Real Prop L § 228 which impose a 30 day notice requirement, but this notice is "given in behalf of the landlord, to the tenant", i.e. it's a requirement imposed on the landlord, not the tenant. §232-a likewise imposes restrictions regarding notice to terminate tenancy on landlords, but not on tenants. The law does not compel a tenant (F1) to give notice to a landlord (F2) some minimum number of days in advance.

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