What to do if we signed a lease to an apartment that was sight unseen and misrepresented?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if we signed a lease to an apartment that was sight unseen and misrepresented?
We were shown a different apartment in the complex and told that the one we were moving in to was the same. When we looked at the apartment it was in much worse shape, smaller and had a view of other balconies in the same complex that were covered in trash (one even had a piece of plywood installed so that they could pile more trash behind it without the trash falling off). We are breaking the lease because we no longer trust this company but they say we have to pay rent until they find another tenant. Is this legit? Also, we never spoke to a property manager with a real estate license. Is it legal for us to sign and them to fax it to the licensed agent?
Asked on September 20, 2012 under Real Estate Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are correct to break this lease. You relied to your detriment on material assertions that were simply false. Explain to them there was no meeting of the minds, no bargained for exchange. The contract is void and the terms were fraudulent. You will report this company and owner to your local consumer protection agency who handles landlord tenant disputes. Depending on where you live in your state, you may wish to check on slumlord laws and check with the department of building and safety.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.