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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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