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Old 06-30-2013, 01:57 AM
 
7 posts, read 34,505 times
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My fiance and I signed a lease for a place that was advertised as being 1000sq ft. I checked out the place by myself and was naive on how big the place should look with that square footage. My fiance had not seen the place until today and based the decision to move in on how I felt about it. Upon seeing the place today, he noticed that the place is about half the size that the property managers listed. We have already signed a lease and put down a deposit and first months rent but we have not moved in yet. I am wondering if there's any way we can break our lease due to false advertisement of the size?
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Old 06-30-2013, 02:57 AM
 
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Sure, you can break your lease! Read your lease and find the part where it address 'early termination' and make sure you follow what it says to the T.

As for false advertisement, I doubt it. It's likely more a typo or that's the actual size. Did your bf actually measure the unit or is he just 'guessing'. Being off by half is quite a bit........my unit is 1100 and I think I'd be able to notice the missing 500 sft.
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Old 06-30-2013, 03:24 AM
 
Location: San Marcos, TX
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The other question is.. does it bother you because you feel it was mis-represented or do you really think that there is no way it will work for you?

I know you didn't ask this. Sorry. What I am saying is, my place was listed as being about 300 sf larger than it actually is. I kind of raised an eyebrow when I first saw it, decided we liked it anyway and it works for us. Manager is nuts if he thinks that it is actually what he claims it to be but whatever, if you like it and your stuff fits and the price is not out of the ordinary based on imaginary square footage....

Just my 2 cents. I don't pay much attention to square footage when I am looking for a place anymore. SO much depends on layout -- I've found places that were 1200 sf and perfect and some that were 1800 and wouldn't work. In my experience real estate agents and property managers never exactly know what they are talking about in this regard anyway.
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Old 06-30-2013, 04:56 AM
 
Location: St Thomas, US Virgin Islands
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You saw, you liked, you signed. As said, if your lease has an early termination clause you can use that at a cost but otherwise no.
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Old 06-30-2013, 07:48 AM
 
7 posts, read 34,505 times
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Quote:
Originally Posted by Kim in FL View Post
Sure, you can break your lease! Read your lease and find the part where it address 'early termination' and make sure you follow what it says to the T.

As for false advertisement, I doubt it. It's likely more a typo or that's the actual size. Did your bf actually measure the unit or is he just 'guessing'. Being off by half is quite a bit........my unit is 1100 and I think I'd be able to notice the missing 500 sft.


He has not measured it yet but he's in construction and can tell relatively how big a room is. There is a clause in the lease saying that we can terminate early but we would be responsible for lost rent, advertising costs, and other costs if we had already moved in. I'm wondering if we were to back out of the lease do we forfeit the $2000 given to the property manager for rent? We're willing to forfeit the deposit.
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Old 06-30-2013, 07:53 AM
 
7 posts, read 34,505 times
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It does bother me that it was misrepresented. Also, my boyfriend checked out the place, which was a huge mistake he hadn't done so before we signed anything, and found a lot that was wrong with it. We cannot justify spending so much for a place that is around 5 to 600 sq ft. Now we're at a loss for what to do.
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Old 06-30-2013, 08:01 AM
 
Location: NJ
17,573 posts, read 46,132,333 times
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First, if this really bothers you measure it. No point doing anything until you confirm the square footage. If it turns out to be that much smaller then I would ask them about it.

I do agree with others that say you had the opportunity to look at it first before signing.
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Old 06-30-2013, 08:48 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,682,675 times
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Quote:
Originally Posted by nikki1062 View Post
He has not measured it yet but he's in construction and can tell relatively how big a room is. There is a clause in the lease saying that we can terminate early but we would be responsible for lost rent, advertising costs, and other costs if we had already moved in. I'm wondering if we were to back out of the lease do we forfeit the $2000 given to the property manager for rent? We're willing to forfeit the deposit.
You forfeit whatever the final cost of re-renting it is in accordance with the lease agreement which you signed and can expect to lose at least the equivalent of one month's rent as when you signed the lease the unit was taken off the market Talk to the property managers and try to reach a meeting of the minds.

Quote:
Originally Posted by nikki1062 View Post
It does bother me that it was misrepresented. Also, my boyfriend checked out the place, which was a huge mistake he hadn't done so before we signed anything, and found a lot that was wrong with it. We cannot justify spending so much for a place that is around 5 to 600 sq ft. Now we're at a loss for what to do.
Sorry, but it really is just too bad that it bothers you. Nobody dragged you kicking and screaming and forced you to sign a lease. Now you say that there are other things which you've found "wrong" with the unit. You shouldn't be at a loss to know what to do. You signed a contract, you had every opportunity to look at the unit in detail before doing so, and there is a clearly written lease termination clause you can use. Yes, you'll be out some money if you choose to back out of the contract - or else you can move into it and then if you don't like it when your lease comes to an end you can find something more suitable.

Maybe your fiancé will now have a heads up that relying solely on your opinion of a major purchase probably isn't a good idea and that these things should be looked into mutually.
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Old 06-30-2013, 09:07 AM
 
Location: The Triad
34,088 posts, read 82,937,102 times
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Quote:
Originally Posted by nikki1062 View Post
My fiance and I signed a lease for a place that was advertised as being 1000sq ft.
1) Define "a place" 2) dig out your tape measure.
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Old 06-30-2013, 10:30 AM
 
Location: North Idaho
32,635 posts, read 47,995,345 times
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Quote:
Originally Posted by nikki1062 View Post
...........was advertised as being 1000sq ft......................................... he noticed that the place is about half the size that the property managers listed.
So it is really 500 square feet and you looked at it and didn't notice that the whole thing wasn't any bigger than a 2 car garage?

You looked at it and you accepted what you saw.

Measure it and take the measurements and the advertisement to the management and see if they will give you a rent reduction. They probably won't, but it is worth a try.

Other than that, follow the lease breaking procedure written into your lease.
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