Can I break my 1 year apartment lease for misrepresentation and distortion of facts?

UPDATED: Feb 16, 2012

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Can I break my 1 year apartment lease for misrepresentation and distortion of facts?

I moved in my apartment about 8 months ago. I was told heat was included in my rent. I checked the apartment and it was nice. I was told there are 2 pools, as well as a fitness room and party room, all which require a keyfob. I was told the keyfob will be given to me once the system was repaired. Weeks went by and I still dont have a keyfob. I asked for the key and now I’m being told it costs $50, I was told it was free. I asked where is my thermostat and was told I do not have controlled heat. No one told me this information. I would not have moved in knowing these things.

Asked on February 16, 2012 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Potentially you can sue to rescind the lease that you entered into based upon misrepresentations by the landlord and or his/her agent. However, you have 4 months remaining on the lease and to bring suit to end the lease given the court process in most states will take more than 4 months in my opinion to resolve.

Most states do not allow a claim for rescission (an equitable claim) in small claims court. The $50 cost of the keyfob in the grand picture of the alleged misrepresentation does not seem to be a factual basis to warrant the rescission of your lease regardless of the time issues based upon what you have written.

I suggest that you stick out the lease and move on after 4 more months.

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 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.

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