What to do if I signed a lease and paid fees after being shown an apartment only to be rented a different unit that was extremely different?

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What to do if I signed a lease and paid fees after being shown an apartment only to be rented a different unit that was extremely different?

The landlords told me that since I signed a lease, if I break it they don’t have to give me any money back. Do I have any rights to a refund?

Asked on April 28, 2012 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If either of the following is the situation, you would be entitled to void or terminate the lease and get your money back:

1) The lease itself listed the apartment number you rented--but the landlord is giving you a different apartment.

2) It was represented or promised to you that you would get apartment A, the lease does not list the specific apartment number, but you instead were given apartment B.

The first case would be breach of contract; the second would likely be fraud (a material, or important, misrepresentation, or lie, made to induce you to enter into the lease).

Where you would have trouble though, would be if you were shown apartment A, then given a lease to sign which clearly stated it was for apartment B--but you signed the lease anyway. People are presumd to read contracts (like leases) before signing, and are generally held to what they signed; if you signed a lease that states it was the second apartment, the landlord may be able to hold you to it.


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