Can you a break a lease based on a broken verbal contract about amenities?

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Can you a break a lease based on a broken verbal contract about amenities?

We moved into these apartments almost 7 months ago. We were promised our wireless internet, parking facilities, security cameras, laundry facilities, and a cover for the hot water tank within a month or so. However none of those things have been provided to us, with the exception of a make shift parking lot. When we signed the lease she said that we would not have a phone jack because they were providing us with wireless internet. However in our lease it states that we are guaranteed one phone jack. Can we break the lease based on the fact that she has broken that contract?

Asked on December 27, 2011 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There are generally two common grounds for terminatinig a lease:

1) There is a material, or important, breach by the other party. The provision that there be a phone jack has been breached, according to what you write, but is most likely not material, or important, enough, to justify terminating the lease. (You could bring a legal action seeking some compensation for not having a jack, or for an order compelling one to be installed.)

2) If there was fraud in the inducement, or material (important) misrepresentations (or lies) knowingly made to induce you to sign the lease, which it was reasonable for you to rely on, and which you did in fact rely on. In the aggregate, being promised the internet, the parking security cameras, laundry, and a hot tub cover but being provided only one of those probably would be considered a material misrepresentation. Therefore, these promises which were never fulfilled may provide grounds to terminate the lease (technically, you'd be "rescinding" it), but if the landlord fights you on this, you'd have be able to prove the promises in court--and also bear in mind that no legal action is ever certain as to its outcome. Therefore, trying to void the lease on this ground is not a step to take lightly.


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