Can I break my 1 year apartment lease for misrepresentation and distortion of facts?

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Can I break my 1 year apartment lease for misrepresentation and distortion of facts?

I moved in my apartment about 8 months ago. I was told heat was included in my rent. I checked the apartment and it was nice. I was told there are 2 pools, as well as a fitness room and party room, all which require a keyfob. I was told the keyfob will be given to me once the system was repaired. Weeks went by and I still dont have a keyfob. I asked for the key and now I’m being told it costs $50, I was told it was free. I asked where is my thermostat and was told I do not have controlled heat. No one told me this information. I would not have moved in knowing these things.

Asked on February 16, 2012 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Potentially you can sue to rescind the lease that you entered into based upon misrepresentations by the landlord and or his/her agent. However, you have 4 months remaining on the lease and to bring suit to end the lease given the court process in most states will take more than 4 months in my opinion to resolve.

Most states do not allow a claim for rescission (an equitable claim) in small claims court. The $50 cost of the keyfob in the grand picture of the alleged misrepresentation does not seem to be a factual basis to warrant the rescission of your lease regardless of the time issues based upon what you have written.

I suggest that you stick out the lease and move on after 4 more months.


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