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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default How to Break a Sublease If You Decide Not to Move In

    My question involves landlord-tenant law in the State of: New York

    I sent a check for a security deposit and first month's rent to secure a sublet in what was supposed to be a 2-bedroom apartment. I also vaguely filled out a makeshift sublease the tenant sent me but did not fill everything out completely. When I came to move into the apartment, I found it was extremely dirty/had many issues and his room was a living room converted into a bedroom. He left after letting me into the place and I don't even want to move my stuff into the place because it is extremely dirty. The other issues include: bugs/critters, some mold, clogged drains, dirty appliances, door that doesn't lock, etc.

    My question is the following: since he has not shown me the unfinished sublease I sent to him, and I've never spoken to the landlord/management company, can I simply move out and get another apartment? Or how do I go about getting out of the sublease, which was supposed to be for 10 months. Am I able to retrieve my security deposit and first month's rent? How should I proceed from here?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Break a Sublease If You Decide Not to Move In

    You didn't notice any issues when you looked at the unit before signing the sublease?

    When you complained to your landlord and asked about having the unit cleaned, what did your landlord tell you?

    If you sign a lease, it's a signed lease. You are able to look right at it when you are signing it. I'm not sure what it is you expect your landlord to show you.

  3. #3
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: How to Break a Sublease If You Decide Not to Move In

    You are technically bound by the lease.

    The question is why you didn't look at the unit before signing the sublease.

    You can certainly do your best to get out of the lease, but there is no guarantee. You can simply ask the person that subleased it to you to let you out or you can stop paying future rent and move out. You are not going to get your previos payments back AND that person can come after you in court.

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