Do I need a lawyer?

Asked about 5 years ago - Fairfield, OH

My husband and I moved into a luxury apartment complex that had a state of the art fitness center with a tanning bed, a golf course, pub, and swimming pool. The fitness center burnt down about a year ago, we were promised they would have ground break on it last february, however, the yellow caution tape is still up. They took the golf course out to make the complex more family oriented, yet the pub is still there. You must be 21 years of age or older to attend any activities at the pub. We also noticed that all of the luxury apartment signs are no longer there. We paid $720 a month to live in a one bedroom apartment. We moved into this complex soley because of the fitness center, but we also enjoyed the golf course on several occassions with our friends.

Attorney answers (2)

  1. Brian Russell Hester

    Contributor Level 10

    Answered . Yes, you need a lawyer. Not a surprising answer, but here's why. You need a lawyer to review your lease to see what the landlord said about the fitness center. If the lease doesn't represent that the landlord agrees to provide such services or that in the event of a fire will replace as soon as commercially possible, then you probably don't have grounds to terminate your lease.

    How long is your lease of the fitness center burned down a year ago? Did you renew your lease since then? If so, you may have waived your claim (at least that's what the landlord's attorney will claim). If not, you may be able to demand that the landlord lower the rent to factor in the lack of the fitness center which was a value figured in the original rent. Perhaps a lawyer could negotiate a concession with your landlord. It's probably not worth the expense of litigation, however.

  2. Brian Russell Hester

    Contributor Level 10

    Answered . Yes, you need a lawyer. Not a surprising answer, but here's why. You need a lawyer to review your lease to see what the landlord said about the fitness center. If the lease doesn't represent that the landlord agrees to provide such services or that in the event of a fire will replace as soon as commercially possible, then you probably don't have grounds to terminate your lease.

    How long is your lease of the fitness center burned down a year ago? Did you renew your lease since then? If so, you may have waived your claim (at least that's what the landlord's attorney will claim). If not, you may be able to demand that the landlord lower the rent to factor in the lack of the fitness center which was a value figured in the original rent. Perhaps a lawyer could negotiate a concession with your landlord. It's probably not worth the expense of litigation, however.

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