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First, I was shown an apartment that was supposed to be a similar unit to the one that was actually available for rent. It was closed due to renovations, so the property manager showed me a different unit. She said that "everything is the same; same exact everything, except that the actual unit includes an eat-in alcove in the kitchen, and certain cosmetics might be different."
So, she shows me the similar unit and I was impressed with it. Two days later, I signed a 1-year lease agreement for the actual unit that was undergoing renovation.
Then, on move-in day, we opened the door and the apartment was almost completely different. My jaw dropped. The floor plan was very different. The kitchen had half the counter space as the one I was shown. The bedroom was smaller. And the entire layout was completely different. The model unit had the bedroom located in the rear of the apartment, but the actual unit had the bedroom in the front of the apartment, near a VERY busy 4-lane road. I was very upset, because had I known that, I may not have gotten the apartment.
Is there any legal way I can get out of this lease contract? I feel that I was misled and I spoke about it with the property manager and she defended herself by saying, "excuse me, I am a professional and I do not mislead my clients." A few days after living in the apartment, I texted her (she normally texts with tenants) explaining that the noise level is unbearable and I had no idea the bedroom would be located near the road. She completely ignored my text.
Then, the day after that (today), I decided to bypass the property manager and call the landlord directly. I left him a voicemail explaining the situation. Nine hours passed (so far) and he never returned my call. They are literally ignoring me.
Also, the noise level is very high; intolerable. I was planning to study for the CPA exam over the next year and now I can't even imagine studying with all the traffic noise. It didn't seem as bad as when I viewed the apartment.
Do I have a case here? Can I legally move out of the apartment and not owe them the rest of the 11 months of rent? They aren't even responding to me!
First, I was shown an apartment that was supposed to be a similar unit to the one that was actually available for rent. It was closed due to renovations, so the property manager showed me a different unit. She said that "everything is the same; same exact everything, except that the actual unit includes an eat-in alcove in the kitchen, and certain cosmetics might be different."
So, she shows me the similar unit and I was impressed with it. Two days later, I signed a 1-year lease agreement for the actual unit that was undergoing renovation.
Then, on move-in day, we opened the door and the apartment was almost completely different. My jaw dropped. The floor plan was very different. The kitchen had half the counter space as the one I was shown. The bedroom was smaller. And the entire layout was completely different. The model unit had the bedroom located in the rear of the apartment, but the actual unit had the bedroom in the front of the apartment, near a VERY busy 4-lane road. I was very upset, because had I known that, I may not have gotten the apartment.
Is there any legal way I can get out of this lease contract? I feel that I was misled and I spoke about it with the property manager and she defended herself by saying, "excuse me, I am a professional and I do not mislead my clients." A few days after living in the apartment, I texted her (she normally texts with tenants) explaining that the noise level is unbearable and I had no idea the bedroom would be located near the road. She completely ignored my text.
Then, the day after that (today), I decided to bypass the property manager and call the landlord directly. I left him a voicemail explaining the situation. Nine hours passed (so far) and he never returned my call. They are literally ignoring me.
Do I have a case here? Can I legally move out of the apartment and not owe them the rest of the 11 months of rent? They aren't even responding to me!
Help!
I seriously doubt there is anything legal you can do about it however, find your nearest legal aid or have a consultation with an attorney who specializes in real estate law.
I don't see where you'd have a case. You signed the lease and agreed to rent that unit without seeing it first.
Sorry.
Yes, but I trusted her in good faith that the apartment would be similar to the one that was shown to me. Isn't that a deceptive trade practice? It was clearly dishonest.
Yes, but I trusted her in good faith that the apartment would be similar to the one that was shown to me. Isn't that a deceptive trade practice? It was clearly dishonest.
And you shouldn 't have.
Most leases have clauses in them stating that you inspected the apartment....
No. You have to go back to square one and re-negotiate everything.
Quote:
Is there any legal way I can get out of this lease contract?
Yes. You can (and should) be a major PITA hard case about it if they won't cooperate.
Engage housing aid or an attorney to represent you though.
Do NOT have the discussions with the manager or owner directly.
It'll take some time but you *should* be able to get out of the lease...
or into the sort of apartment you were originally shown.
For the future:
This is why LL"s with multiple units NEED to have a photo album.
This is why tenants shouldn't sign or pay anything until they see THEIR unit empty and ready.
Perhaps the owner is out of town and that's why he hasn't returned your call. Or, another reason the owner hasn't returned your call is that he is waiting to hear back from the property manager.
My last property management company was not allowed to lease the rentals unless the tenant has been inside them first. A few years ago I needed a place quickly, my application was approved, and I offered to sign the lease based only seeing through the rental's open blinds. The management company said no: I first must enter the unit before I can sign. We met later that afternoon at the property, I stepped inside to look, and then we proceeded to back to the office to sign the lease. OP: check your local housing laws to see if the property manager must show you the exact unit you will lease (not a model unit).
The property manager could settle this by letting you move into the model unit. She probably won't. Or: ask your attorney to offer to settle this if property manager is willing to let you move into another vacant unit that you actually see & approve.
But in reality, it really is your fault that you signed a lease without seeing the apartment first.
Try to work out what you can with the PM. How many units are in the complex? I don't know why the PM wouldn't have floor plans for each unit. My largest property has 4 units and I have a floor plan for each unit.
Can you have heavy drapes put on the windows by the street? That could help. Do you have central AC? Keep the windows closed and run the air.
I don't think you have much to stand on, but send the property manager a letter, certified, asking that you can move to another unit of your choice, or strike some compromise on being released from the lease.
Guess what the #1 thing is to set off a property manager into the ozone. Going to the owner behind their back.
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