Can 1 person in a lease on a 2 bedroom re-assign their part of the lease?

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Can 1 person in a lease on a 2 bedroom re-assign their part of the lease?

I am in a 2 bedroom and signed with another party. However, now I’m looking to re-assign my part of the lease. Is this legally possible?

Asked on September 12, 2018 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on what the lease says. As a general rule, a contract--and a lease is a contract--may be assigned unless there is some provision or term in it restricting or barring assigning; such a limitation on assignment (or on subletting; the two limitations often go together) is legal and enforceable. So you need to check the terms of your lease and see if it prohibits this assignment or not. If it does not, you may.


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