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I made a big mistake and signed a sublease agreement when my head wasn't clear enough to make such decisons. So the sublease agreement is between the Sublessor and I. And now I want to break it because I can't pay for such a rent. The management doesn't know about this and I didn't deal anything with the management. The sublease mentions the term of the lease, deposits, how much money I have to pay each month, keeping the place the same as it was before, and having 40 days notice to the Sublessor if I move out before the term ends. I haven't moved into the place yet. How can I end this agreement without paying any penalties or going to court? By the way, I believe this is an illegal sublet.
All lease law is state governed so it might help if you included your state.
What iis it that you feel is illegal about the sublet?
How may days ago did you sign the lease?
You said your head wasn't clear, were you not of sound mind? Is that something that can be proven?
Have you tied talking to the sublessor?
I wonder if this was even allowed to be done because why was the apt management not notified? I knw places I have rented it is not allowed and if it is it is a lease transfer and one has to go through the management. Even if it was allowed I would think that the management would want to be notified. If it is not allowed then I am not sure what this person could do because that would be breaking their agreement.
Subleting isn't legal in every state, that would be the best place to start
and the best out possible.
Otherwise pay your rent for the first month and give your 40 day notice
in writing, keep a copy for yourself.
Quote:
Originally Posted by stuy
I made a big mistake and signed a sublease agreement when my head wasn't clear enough to make such decisons. So the sublease agreement is between the Sublessor and I. And now I want to break it because I can't pay for such a rent. The management doesn't know about this and I didn't deal anything with the management. The sublease mentions the term of the lease, deposits, how much money I have to pay each month, keeping the place the same as it was before, and having 40 days notice to the Sublessor if I move out before the term ends. I haven't moved into the place yet. How can I end this agreement without paying any penalties or going to court? By the way, I believe this is an illegal sublet.
Tell the sublessor (the person you're leasing from) in writing that you would like to see a copy of the underlying lease because you suspect it does not allow subleasing. If the lease says no subleasing like you think, you simply inform the sublessor that he or she misrepresented his or her ability to rent out the apartment, and that your sublease agreement is ineffective. If this person refuses to provide a copy of the lease, then you say the same thing, that you suspect this person has no right to lease out the apartment and that your lease is void until he or she proves otherwise.
Now, if this person does has the right to sublease, you may be stuck. There may be a provision in the original lease providing that the lease is terminable prior to taking possession. This may be applicable to the sublease. If not, talk to the sublessor, tell him or her your circumstances have changed, give 40 days' notice, and work out some kind of deal where you pay this person a negotiated amount to walk away, or else installments or whatever.
Put everything in writing, especially your requests to see the lease. If it's not in writing, it didn't happen.
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