Backing out of a verbal agreement....hlep!

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Loralie

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My jurisdiction is: Virginia, USA

I agreed to share a sublet apartment with three other women in New York this summer (we are from different states) for a four week program (not work related). I was clear in that I wanted four people in the apartment to make it cost effective. One person dropped out at the beginning before the apartment was confirmed and we soon found another woman who agreed to share in the apartment. All communication was done via email. We all agreed on an apartment and one person signed the lease agreement. I did not sign the lease agreement nor was I (or anyone) asked for a deposit.

Three weeks before we were to arrive, we found out the newest person in our group dropped out and did not give any official notice of her change of plans. I was hopeful but doubtful that we would find a fourth to take her place at the late date. We did not, and then two days prior to arrival, I had a family emergency and could not attend the program. I notified by phone and email.

I felt terrible that I had to cancel at the last minute. However, since the one woman dropped out without any recourse, I felt they should let me also. They want me to pay a full 1/3rd of the apartment rental. I told them I felt the other dropout and I should at least share in the amount owed, but they say that I am responsible for 1/3 of the cost of the apartment. I told them I felt morally obligated to pay 1/4th only.

My questions are:

1) Am I responsible for the 1/3rd or 1/4th amount?
2) Where would the filing of small claims court take place as we are all in different states?
3) If I stated that I felt morally responsible, am I now held firm to that legally?
4) If I get them to agree to the 1/4th amount, can I just have them agree by email and that will be strong enough?

Any help is very much appreciated. Thank you!!
 
The filing would most likely be NY, since that is where the rental took place.

Since there was no written agreement, then the only real evidence would be the email exchanges. How much you owe hinges on one important detail - did you tell them you would split the rent evenly period, or did you say you would split it IF THERE WERE 4 PEOPLE? That's the key thing. If you indicated that you would split it 4 ways, then you are only really responsible for 1/4.

Since you all apparenlty had no plan ahead of time for if someone should back out, then you all should split the apartment in 1/3, but the question is, who came up with the agreement? Was there a clear leader of the pack?

What really needs to happen, is you all need to sue the person who dropped out after the lease was signed for their part, but it was probably a verbal agreement as well, so you would need the emails.
 
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