Can I void my lease since information was withheld from me about equipment in my apartment before I signed?

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Can I void my lease since information was withheld from me about equipment in my apartment before I signed?

I have lived in my apartment for 14 months. I was notified about 3 weeks ago the cable company has equpiment for the whole building in my attic. Since I was unaware of this before signing either of my leases with my apartment complex, can this lease be voided because I entered into it under false pretenses? I don’t want anyone I don’t know in my apartment when I am not there, and I don’t want to have to rearrange my schedule to keep letting the cable people in, especially when there hasn’t been issues until recently.

Asked on July 1, 2011 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This may indeed give you grounds to void the lease, since having common or building-wide equipment in your space will likely, as you note, require you to give access to the landlord or service people much more often than the typical tenant does. Since there is no reason for  you to have expected this would be  the case unless told, it may be a "unilateral mistake"--in other words, an excusable mistake on your part--which allows the lease to be voided. However, before doing anything, it is recommended that you consult with an attorney who can advise you based on the specifics of your case; you don't want to take a chance on terminating the lease when you're not allowed to, since that could give rise to substantial liability. Good luck.


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