Can I back out of subletting my apartment?

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Can I back out of subletting my apartment?

I was planning to sublet my apartment; I had an agreement with someone to subletbut nothing was signed and no money was exchanged. I now changed my mind and want to stay in my apartment. Can I legally back out of this agreement? The only documentation is our email correspondence.

Asked on April 20, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A lwritten lease does not have to be a single, formal document called a lease--it is possible that your email correspondence, if it contains all the necessary terms (e.g. rent, length or duration, etc.) and clearly indicates your offer to sublet and the subtenant's acceptance of that offer, could constitute a lease, obligating you for the indicated time period. What is critical is exactly what was said by both parties; you should review the correspondence with an attoreny to see if it is sufficient to constitute a lease. If so, you will likelyh not be able to get out of subletting.


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