Legal advice needed (if possible)

[srm9947]

Okay- Here's the story. I live in NY state,

In Oct. 2000, I answered a roommate wanted ad., and moved into "Angie's" apartment. Angie's previous roommate had moved out, and she had 8 months left on her lease. I was never asked to sign any kind of written contract. I pay my rent to Angie each month, and she pays the apt. complex.

After the 8 months, Angie renewed the lease for another 6 months. Again, I was never asked to sign anythng. Since that time, Angie has continued to renew the lease on a month by month basis, as she wasn't sure what she wanted to do.

At the end of May, Angie told me that her boyfriend would be moving in for the months of July and August to have a trial living together period, and that we would split the rent three ways. I thought about it for a while, and decided that I didn't want to be living there with the two of them while they decide whether things would work out. I talked things over, and we decided that I would move in with him at the end of the month, thus accomplishing two things- I wouldn't have to live with Angie & boyfriend, and we could save more money for a house.

I told Angie on June 16th, and now she is btelling me that I have to give her 30 days noticeso that she can find someone else, because, as it turns out, she and her boyfriend broke up.

Well, I never signed any kind of contract that states that, so I told her that, and now she has produced some kind of document that says I need to pay her, "the landlord" the next months rent as well.

I managed to get a copy of the apt. commplex lease, and there is a clause in there that says that a tenant is not allowed to lease, rent, sublet any part of the apt. without the knowlege and approval of the landlord.

To me, that means that she wasn't even allowed to have me stay in the first place.

Any advice, suggestions, etc.?

[Brooklyn Babe]

Well, technically speaking she is sorta right, as a month to month tenant you are supposed to give your LL (Angie) 30 days notice, but I'm basing that on tenants who were once on a yearly lease then didn't renew and went month to month tenancy.
Under NY law, Angie is allowed to have a roomate, regardless of what the lease says.
Basically, her option is to sue you for the 2weeks rent and other expenses in small claims court. Your defense could be that she was going to change the terms of your tenancy (by adding her boyfriend) and you decided not to renew your monthly tenancy based on that...These are all just suggestions...