If my leasing office explicitly lied to me about the end date of a private construction project next to my apartment building, can I ask for a rent reduction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my leasing office explicitly lied to me about the end date of a private construction project next to my apartment building, can I ask for a rent reduction?
Before I signed my lease 7 months ago, the leasing agent explicitly told me that the construction was ending in 2 months and that the workers were only painting. When I moved in, I discovered that they were actually still doing major structural work on the building. The hammering/drilling is extremely disruptive and occurs very early in the morning, often well before the city’s minimum start time. I also looked up the project’s construction permits and found that there was never a an end date when they said there was. In fact, they applied for an extension a couple of months before I signed my lease.
Asked on July 20, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Fraud is the knowing misrepresentation (or lie about) a material (or imporant) fact, made to induce someone to enter into a transaction and upon which the other party reasonably relies. When fraud is committed, that can provide grounds for monetary compensation and/or to rescind the contract (or lease)--i.e. to void the lease and move out without penalty. If they knew or reasonably should have known about the length of the construction but lied about, that may well be fraud and you may therefore have a legal cause of action.
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.