If a tenant is asked to vacate early and they agree, can they later change their minds?

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If a tenant is asked to vacate early and they agree, can they later change their minds?

I asked a tenant to break their lease. Gave 6 weeks notice and gave a month’s free rent as compensation. They agreed. Can they back out?

Asked on November 23, 2010 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have the agreement in writing?  If you do not then you can be in trouble with this agreement.  The lease is a contract and I am sure that it says that it can not be modified orally and only modified in writing.  Check and see.  If that is the case then you should put this agreement in writing.  Say something like "in consideration for the termination of the lease agreement between x and y dated ABC, y is being given one months free rent for the month z and agrees to vacate the apartment on DEF. All other provisions as to the lease remain in full force and effect."  This way if they bash in a window before they go you can take it out of their security. Good luck.   


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