Yes we’ve had multiple issues with our apartment leasing agent and property manager. They did not disclose the issue of a train that runs next to the property all hours of the day and night (to which they admitted they did not disclose later), and lying about amenities that are no longer available just to name a few. Recently I am being transferred for work out of state and we need to move out of state, now when we had our initial sit down our leasing agent stated that a letter from an employer is valid if being transferred. We had a third party witness to this for such reasons. Now our property manager is claiming that the leasing agent never stated such information (when she was not even present for this meeting) and that she did not train her to do so and that no verbal agreements are binding. We’ve given them notice before the first of this month but yet want us to pay rent until the apartment is rented after we move out.
You will not prevail in terminating the lease for the reasons you state. The property manager has no duty to inform you of train tracks or a train that runs nearby as this is a completely obvious feature of the property that your own inspection could have revealed.
You might have different termination options in your lease that you could take advantage of (such as a liquidated damages clause allowing you to pay the current and next month's rent instead of ongoing rent until re-leased, or allowing you to find a replacement tenant yourself). You might consider consulting with a tenant's attorney for a thorough review of your lease and discussion of your options.
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