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Ratings. Guidance. The Right Lawyer.
what legal recourse do I have in breaking a lease if we were lied to by the real estate management company
Austin, TX
Viewed 38 times.
Posted about 1 month ago in Real Estate
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we were told that if we couldn't pay the rent for the apartment and had to move out, all we would need to do is pay one months rent. now we are told that we would have to pay back a) the amount of the deal they gave us for the apartment - it was $70 cheaper and so we would have to pay that amount for each month we lived here b) rent on the apartment until someone else moves in c) 85% of the rent on the amount as well as other fees
I feel that we were lied to twice about what the penalties were and believe that I have some legal recourse Answers (1)
Paul J. Schoff
This attorney is licensed in Dist. of Columbia and 2 other states.
Posted 23 days ago.
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Best course of action is to hire a lawyer and have him or her send a letter to your landlord claiming that you have been defrauded by representations made by the landlord's agent, i.e., the management company, which told you that if you couldn't pay for the apartment you could pay one month's rent and move out. If you have proof of this, e.g., an email or letter, this would be ideal, but if not, try to get as many particulars as possible--who told you this? when? how? (in person, telephone, etc.), were there any witnesses? Did you follow up with a confirming email to him? If a lawyer sends a letter to this effect it frequently has the effect of getting the landlord to agree since they don't want to spend the money to hire a lawyer to fight the matter. Now, I am giving you the practical solution. The legal answer is if the Lease Agreement does not support what the Management Agent told you then you would be hard pressed to make a claim like you are advocating because most leases contain what are called "integration" clauses which specifically supersede any and all oral representations made by the parties or their agents prior to the date they sign the lease and the terms of the Lease Agreement control. If you didn't read the lease then you will likely be told that you will have to live with the consequences of signing something you didn't read.
One other possible avenue to try is to see if your state has a "plain language" law which requires all consumer contracts and residential leases to be in simple language with no "legalese", and if the lease is not in this form, it may give you a basis for invalidating the lease. |
