Can I break a lease if the landlord deceived us?

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Can I break a lease if the landlord deceived us?

My husband and I went to see an apartment that was listed as “no smoking”. This apartment had air fresheners that were strong in the apartment as we viewed the place. We didn’t think anything of it, knew that it was listed as non-smoking and knew that another couple were looking to rent the place as well. We got the apartment and signed a 1 year lease. However when we went back to move a few things, the air freshener was removed and a strong odor of smoke was throughout the apartment. I am allergic to smoke and cannot stay here. Can we legally break the lease since he misrepresented the apartment?

Asked on August 18, 2011 Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the apartment was listed as a "no smoking apartment" for rent by the landlord, you are allergic to smoke by the landlord, it turns out that the landlord hid the smoke "smell" before the lease was signed and if you had known the true facts you would not have entered into the lease, you have a good case of misrepresentation by the landlord entitling you to rescind the contract for the one year lease.

You need to write the landlord a letter right away about the problems with the smoke odor, your allegeries and the need for him to sign an agreement rescinding the lease with him and you where all parties walk away from the agreement and the unit. If the landlord is unwilling to do this, you need to consult with an attorney about your situation.

Good luck.


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