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1. What state are you located in?
2. Have you talked to your LL about this; if so, what does he/she say?
Looks like this question was supposed to be in the Australian law category.....I will opt out as it has somehow been sent to USA experts...
The tenant seems to be referring to the standard period of 90 days under the Residential Tenancies Act. However the definition section says "residential premises means any premises used or intended for occupation by any person as a place of residence". I doubt he is living there, so the act does not apply and the notice period would be under the Property law Act, which applies to all leases other than residential tenancies. The act says "
215 Sublease for same or longer term as term of superior lease
(1)This section applies to a sublease under a lease (the superior lease) if the sublease is entered into, or purportedly entered into,—
(a)by a lessee under the superior lease; and
(b)for a term that will expire at the same time as, or later than, the time at which the term of the superior lease expires.
(2)A sublease to which this section applies does not, unless a contrary intention appears, operate as an assignment of the superior lease to the sublessee.
(3)If the term of a sublease to which this section applies will expire later than the expiry of the term of the superior lease,—(a)
the term of the sublease is reduced and will expire at the same time as the term of the superior lease; and
(b)the sublease cannot be registered under the Land Transfer Act 1952 but is to be treated for all purposes as creating an equitable estate in the land."
If the lease is paid weekly then notice is also weekly if you want to terminate. In addition, you cannot give a lease which extends beyond your own tenancy. So he will have to move his property out. Your landlord may require you to have him evicted but certainly 90 days does not apply to this.
Yes, this is New Zealand law, we may need to transfer if you are in NSW
But I see it does say 90 days in the lease
You will need to explain this to the landlord. Your lease would normally have a prohibition against subletting without his consent. But the lease does say it ends on 24 January. Why does this person say you need to give notice when the lease ends then anyway? If you don't extend it, he has to go then.
I will arrange that