What are my rights in regards to amenities when the specific amenities are not listed in the lease?
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What are my rights in regards to amenities when the specific amenities are not listed in the lease?
I moved in an apartment while a new amenity center was being built to an adjoining complex owned by the same management company. I was told that I would have access to the facility when it opened and this was the main deciding factor of my moving there as I have an autistic child who has motor dyspraxia. He loves to live but only in indoor pools. When the facility opened I was told that we were not allowed to use it and that it was only for the building it was built next too. There is nothing in the lease regarding the amenity center but it says rights to the amenities cannot be revoked unless rules are broken. I have been bounced back and forth between a couple of different people over the last few months and received a call from the first person I spoke to this evening and was told that I would have never been told that when I moved in which I was. What are my options?
Asked on July 18, 2012 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Without some clear contractual right, you could only potentially establish a legal claim if you can show one of the following:
1) Fraud--deliberate misrepresentations (lies) made to you to induce you to lease. If you can show fraud, you may be able to terminate (break) the lease without penalty, or seek monety compensation.
2) Promissory estoppel--knowing (such as because you told them) that access to an indoor poor was critical to your decision to lease, the landlord or property manager told you that you could access the pool; they did so to induce you to move in; and it was reasonable for you rely on their promise. If you can show all these elements, you may be able to enforce the promise and gain access.
Obviously, without documentary evidence, it can be difficult to show either of the above, if the other party will claim they never made those statements.
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