What are my right’s if I signed a lease for an apartment on the 16 floor but when I went to move in discovered that the 16th floor is actually the 8th floor of the building?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my right’s if I signed a lease for an apartment on the 16 floor but when I went to move in discovered that the 16th floor is actually the 8th floor of the building?

The elevator goes from the lobby to the amenities floor which is one floor higher and in the elevator it’s considered the 10th floor. This was never told to me I was just told floor 16. How could the floor above the first floor be the 10th floor?

Asked on December 4, 2015 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You *may* be able to use this to get out of the lease, if you act quickly. First, it goes without saying that if you physically visited the building prior to leasing, you could not: in that case, you would have had direct, personal knoweldge of the (to say the lease) unusual floor-numbering system and by renting after that, you would be held to have waived, or given up, an objection to it.
But if you did not visit the building so this came as a surprise, then this might be a case of either fraud (if we assume that numbered, advertised, etc. to deliberately mislead people) and/or "mutual mistake"--there was no agreement as to what was being leased between you and the building, because you thought you were leasing a 16th-floor aparment while they thought they were leasing you one that was 8 floors up. (For there to be a vaid contract, like a lease, the two sides have to agree on what is being done.) Since higher floors are generally more expensive and desirable (better views, further from street noise, etc.), a difference of 8 floors is a material, or important one. So an 8-floor difference due to either mutual mistake or fraud could allow you out of the lease. But if you wait too long, you'll be considered to have accepted the unit and given up the right to object.

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