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What are my options if I want to terminate a sublease agreement in NYC?

Asked over 2 years ago - New York, NY

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.

Thanks in advance.

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Attorney answers (1)

Matthew James Walters

Reputation Level 10

Answered about 2 years ago. Contracts / Agreements Lawyer in New York, NY.

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It depends entirely on the terms of the sublease. There may be several grounds to get out of the sublease.

For example, if you were not provided a copy of the over-lease prior to signing the sublease and now discovered it was not permitted by the landlord, this may be an avenue to potentially break the sublease. Again, however, it is impossible to properly address the question without seeing the lease and sublease themselves.

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