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I put up an advertisement for a summer sublease in Chicago…

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I put up an advertisement...
I put up an advertisement for a summer sublease in Chicago for my apartment and was approached by someone interested eight days ago. We worked out prices, which would save me $1250 dollars this summer, and both sides were agreeable to the terms. I said I needed to contact my landlord about this, and I did, and forwarded my conversation with my landlord about the subletter to the subletter. I did not get a reply, but as we had agreed upon everything, including date and prices, I did not pursue the matter.

However, a day before he was to move in, and six days after I sent him the requested email of my conversation with my landlord, I get a reply to an email i sent giving the last few details I thought he might need to finalize. He tells me now that he did not get confirmation from me, nor had heard from me "in a long time" and said that he had not received "final reply and confirmation" and was looking into other rooms and would "think about it."

I will be moving out for the summer and will most likely not be able to look for a subletter. Since he has prevented me from searching for the past few days by not telling me he was looking for other subletters, is he liable for the fact that I will most likely not be able to find another subletter in three days before I move out?
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/11/2010
Lawyer: Law Pro, Attorney replied 8 years ago
Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24,870
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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Very doubtful.

First, oral agreements are valid - so it he agreed he would take the premises he's liable.

However, there is such a things as the Statute of Frauds - which means that any and all matters concerning real estate must be in writing. That although this was only to be a summer sublease - it should be in writing.

It's going to be a matter of who the court believes is most credible and that there was a clear understanding that they were going to sublet the premises - a start date, end date, monthly rental amount, what utilities they would have to pay for, approval by the LL of the sublet, etc.

So, if you believe that everything was agreed to - then you can file suit at the small claims court for the amount they would owe. However, you still have a duty to mitigate the damages and look for another tenant to sublet the premises too.

So, I believe that it would be tough battle in court and would just look for another tenant.







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Law Pro
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Customer reply replied 8 years ago
A start date, end date, monthly rental amount, what utilities they would have to pay for, approval by the LL of the sublet, etc. were all provided, and I have email proof of it all - would it still not hold up?
Customer reply replied 8 years ago
And by those things, I mean that we decided that all of those things were satisfactory.
Lawyer: Law Pro, Attorney replied 8 years ago
Yes, then it would hold up most likely with the court if you have all that. What you can do is sue them for any months that you can't or couldn't sublet the premises for.

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