Can I be sued if I never signed a lease?

[ezv1999]

I was living in an apartment in NYC for 1 year and 3 months where I never signed a sublet agreement with the lease holder. The lease holder was paying the rent directly to the management company and I was paying him.

I recently moved out of the apartment and did not provide 30 days notice. The person I was renting from is now trying to sue me for a month's rent.

Since there was no sublet agreement signed, can he do this?

 

[army judge]

Of course you can be sued.

You were under a constructive tenancy, month to month.

You left failing to give notice.

Yes, you can be sued.

But, the apartment us probably rent controlled and not subject to be legally sublet. Ask and see.
If you know that to be fact, there's your defense at trial, an illegal tennancy.

 

[ezv1999]

My question is that there was nothing in writing. What constitutes a constructive tenancy?

 

[army judge]

All property rental transactions must be written, either by a lease or creature of state law. Hence, a constructive tenancy is one not written. It operates according to each state's law. It is in effect a month to month tenancy. It normally requires 30 days notice given in a certain way.

Google NY state month to month tenancy or lease.

You'll soon understand that you DID have a lease!!!!