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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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