Can you a break a lease based on a broken verbal contract about amenities?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can you a break a lease based on a broken verbal contract about amenities?

We moved into these apartments almost 7 months ago. We were promised our wireless internet, parking facilities, security cameras, laundry facilities, and a cover for the hot water tank within a month or so. However none of those things have been provided to us, with the exception of a make shift parking lot. When we signed the lease she said that we would not have a phone jack because they were providing us with wireless internet. However in our lease it states that we are guaranteed one phone jack. Can we break the lease based on the fact that she has broken that contract?

Asked on December 27, 2011 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are generally two common grounds for terminatinig a lease:

1) There is a material, or important, breach by the other party. The provision that there be a phone jack has been breached, according to what you write, but is most likely not material, or important, enough, to justify terminating the lease. (You could bring a legal action seeking some compensation for not having a jack, or for an order compelling one to be installed.)

2) If there was fraud in the inducement, or material (important) misrepresentations (or lies) knowingly made to induce you to sign the lease, which it was reasonable for you to rely on, and which you did in fact rely on. In the aggregate, being promised the internet, the parking security cameras, laundry, and a hot tub cover but being provided only one of those probably would be considered a material misrepresentation. Therefore, these promises which were never fulfilled may provide grounds to terminate the lease (technically, you'd be "rescinding" it), but if the landlord fights you on this, you'd have be able to prove the promises in court--and also bear in mind that no legal action is ever certain as to its outcome. Therefore, trying to void the lease on this ground is not a step to take lightly.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption