implied contract?

[Rabelais]

What is the name of your state? New York

I responded to an online ad to move into an apartment on March 1st. There are three rooms, so I had to find 2 roommates. While looking for roommates, the current occupants, who are renters, told me that they needed until April 1st b/c they hadn't closed on the house they were looking to buy (reason for moving out). My old lease ended on March 15th and I knew I could find a place to stay for two weeks, so I agreed. In the meantime, I found two roommates and told them the move in date would be April 1st. The current occupants told me that I could move my stuff into the apartment on the March 15th, which I did. Subsequent to my moving my stuff into the apartment, they have told me that they are not going to move out until May 1st.

The problem is that I have not even spoken to the landlord about signing the lease, so don't have anything in writing that entitles me to the apt. I believe the current occupants would have had to break their lease, which expires in September, so instead they found me to take over or sign a new lease with the landlord upon their departure.

I feel completely taken advantage of. One of the other renters as well as myself have no place to stay after April 1st. All my belongings are currently in the apartment. Additionally, they told me that if we had to move in earlier they could find a way to accomadate us. Today they say we can't move in earlier and effectively May 1st is the move-in date.

Haven't they formed some sort of implied contract with me that they have to uphold? Is there any way to get them to leave? If not, what course of action should I take to make sure May 1st is not June 1st? What if anything can I do?

Thanks for any help. This is certainly a stressful situation.

 

[seniorjudge]

Q: Haven't they formed some sort of implied contract with me that they have to uphold?

A: No. The problem is that I have not even spoken to the landlord about signing the lease, so don't have anything in writing that entitles me to the apt.


https://forum.freeadvice.com/showthread.php?p=845718#post845718
Standard answer on oral real estate agreements:

If it is not in writing, it did not happen.

If it is in writing, that’s the way it happened.

 

[Rabelais]

It's hard to believe that it's that simple. Shouldn't this fall under some sort of subletting agreement.

For example, if I posted an ad to sublease a room in my apt. and someone accepted and moved their belongings in, it's hard to believe that I could just reneg on the the agreement simply because the 'subletter' didn't have a written contract with the landlord.

Why is this not an oral agreement and concern the concept of detrimental reliance?

If I had known definitively that I couldn't move in til May 1st perhaps I would have resigned my current lease. I definitely would not have moved all my stuff out and into the new apt.

 

[seniorjudge]

It's hard to believe that it's that simple. Shouldn't this fall under some sort of subletting agreement.

For example, if I posted an ad to sublease a room in my apt. and someone accepted and moved their belongings in, it's hard to believe that I could just reneg on the the agreement simply because the 'subletter' didn't have a written contract with the landlord.

Why is this not an oral agreement and concern the concept of detrimental reliance?

If I had known definitively that I couldn't move in til May 1st perhaps I would have resigned my current lease. I definitely would not have moved all my stuff out and into the new apt.

You're not even close to detrimental reliance:

http://www.legalcenter.com/lc/detrimental-reliance-on-a-promise.html

Detrimental Reliance on a Promise


Can Reliance on a Promise Become a Contract?

Where there is no binding contract, but one party makes a promise to the other, there may be rare occasions where the promise can be enforced. This “promissory estoppel” theory is very rarely accepted as an argument by the courts, and is only applicable when enforcement of the promise is necessary to avoid an injustice.


What Do I Need to Prove for a Promise to Become a Contract?

In order to prevail on a promissory estoppel claim and have a promise enforced, you must show the following:

* A promise was made
* Relying on the promise was reasonable or foreseeable
* There was actual and reasonable reliance on the promise
* The reliance was detrimental
* If the promise is not enforced, injustice will result


When Is a Promise not a Contract?

A promise is made by one party without anything given in return. For example, when one person promises to give another person a car for his 30th birthday, the promise is not a contract and there is no breach of contract claim because there is nothing given in exchange for that promise. In a binding contract, there are promises to incur a legal obligation on both sides, and they are given in exchange for the other’s promise to incur a legal obligation.


When Is it Reasonable to Rely on a Promise?

It is reasonable to rely on a promise when the circumstances suggest that the person making the promise expected you to rely on that promise. For example, it is not reasonable to rely on a person’s promise to give you one million dollars if you know they don’t have that amount of money.


What Constitutes Reasonable Reliance?

Even when it is reasonable to rely on the promise, the reliance itself must be reasonable. For example, if someone promises to give you a certain amount of money, it is not reasonable, in reliance on that promise, to go out and spend more than the specified amount.


Do I Need a Lawyer?

Proving the elements of detrimental reliance on a promise can be difficult. Also, the laws may vary according to the state or the court. An experienced lawyer can help you determine whether you may be able to enforce a promise.

 

[Rabelais]

Okay, point taken. But considering my subletting example, should they be able to reneg as they did?

 

[seniorjudge]

Q: But considering my subletting example, should they be able to reneg as they did?

A: The problem is that I have not even spoken to the landlord about signing the lease, so don't have anything in writing that entitles me to the apt.