Broker Fee Refund? (apartment, lease, tenants, deposit)

[potus1001]

Hi,

I moved to this apartment which apparently had a court case settled between previous tenants and the neighbor downstairs due to "noise" level complaints.

My Real Estate Agent never told me anything about this even though she was aware that I had 2 small kids (3 & 5 years old.) After 2-3 months, my neighbor from downstairs apparently wrote 4-5 complaint letters to the management (a lot of false accusations) and even "life-threatening" allegations (apparently I threatened his life) (that family is mental)

So I am kind of tired of this crap at this point, so my landlord told me that we were told to move out by the management.

- If I move out, can I legally request the broker fee ($2050) to be refunded since my real estate agent did not disclose the previous legal issue with the apartment? My landlord has stated that she has notified the broker about the court case and telling me that she knew about the crazy neighbors and the case...

So I am not sure,

I don't see the point of living here since I don't wanna waste my time with all the "complaint" letters and the biased management's BS so moving out is 1 option, but I want to know whether I can get a refund...

Thanks,

[Lacerta]

If it were me, I'd write a letter back to the landlord categorically denying everything you are accused of that isn't true, and tell the landlord you would like to file a complaint for defamation of character and harassment by the downstairs neighbor.

I would then go on to tell them that you are willing to move if your deposit AND your broker fee are refunded in full immediately, since you entered into the lease in good faith and have done nothing wrong. Leave it up to the landlord to collect from the agent.

You said "my landlord told me that we were told to move out by management". Is this true? If you move without a written agreement, then you could be held liable for any remaining term of your lease and/or a lease break penalty.

Of course you are legally entitled to "request" a refund directly from the broker. Whether they have any obligation to comply is the question. My area doesn't use brokers to place tenants, so I have no idea on that one.

Personally, I wouldn't move if the landlord/property manager wasn't willing to sign a no fault termination of lease and give a full refund. Unless there is more to the story that you aren't telling here.