Do we have a case against people passed the lease down to for breaching a verbal contract?

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Do we have a case against people passed the lease down to for breaching a verbal contract?

I live in an apartment in California. My apartmentmates and I agreed to pass down our lease to friends, but ONLY if they took care of finding subletters for our apartment. This was a verbal agreement. They agreed and did indeed find subletters. However, a few days ago they said that their subletters backed out and now the summer rent is our problem, even though they have already signed a new lease with our manager to take over the apartment (which was technically in September, but they promised us to take care of July/August). Do we have a case against them for breaching a verbal contract

Asked on June 7, 2009 under Real Estate Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

It usually is not enough in this type of situation to have a verbal contract. Although I advise contacting a local attorney who specializes in contracts in general a verbal contract will not suffice in this situation.

You can always pursue legally but it may be better for you to simply try and work it out personally with the other people involved. If they refuse than maybe see if you can get a letter from an attorney requesting they follow through but again it all depends on what the specifics are. I would need more information about your situation to tell you exactly what to do but at the least I suggest a phone call to discuss with a local attorney


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