Can I sue for overpayment based on incorrect square footage?

UPDATED: May 13, 2016

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Can I sue for overpayment based on incorrect square footage?

My lease says that I’m renting a 789 sq. ft. apartment. After over 2 years and

after measuring for tax purposes a month ago, I discovered that the space is 622

sq. ft. By my calculations I’ve overpaid by $4,080.

Asked on May 13, 2016 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you can't sue for overpayment if you saw the unit at any time before signing the lease: if you saw it, then the law presumes that you leased it based on what you saw, not on the written description, and furthermore, having seen the premises, any reliance on what was in the lease would be deemed unreasonable (e.g. you could not rely on a measurement that seemed aournd 30% larger than the unit actually was). Basically, if you see the space, it's "what you see is what you get."
If you signed a lease before seeing the space, you *might* be able to sue for overpayment, because in that case, it is reasonable that you relied on the written measurement in deciding to rent.

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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