If in the rental ad for a room in a condo, the cost for a parking permit was listed as $100, can I hold the landlord to the advertised price?

When it came time to pay for the permit, the cost was actually $125. Parking permits are not mentioned in the lease at all only in the advert and the purchase of 1 is not required to rent the room. Do I have to pay the extra $25 myself despite the listed ad if I want the parking permit?

Asked on August 29, 2015 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the landlord informed you i.e. advertised that the cost of the parking permit was $100, and you knew of that cost before agreeing to rent, so that it was part of the information on which you made the decision to rent, then yes--the landlord should only be able get the advertised $100 from you, and you should not have to pay the extra $25. When someone represents that a certain fee is $X and somene else enters into a transaction or agreement based at least in part on that information, the law generally holds the first person to the representation he made.
That said, if you and the landlord disagree over this, you could end up in litigation over it, such as if the landlord attempts to evict you over what he believes is nonpayment. Before deciding whether or to what extent to take a stand over the $25, you should ask yourself whether damaging the landlord-tenant relationship and possibly getting involved in litigation is worth $25.00.


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