Do I have a claim regarding a bait and switch by a landlord?
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Do I have a claim regarding a bait and switch by a landlord?
My landlord sent pictures of a unit claiming it was for unit 202, so I signed the
lease online without seeing it. When we got there, our unit was different. It was
similiar but missed some brick walls and a wood bathroom wall. Do I have a right
to ask for a discount or do anything?
Asked on August 13, 2018 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the landlord misrepresented the unit you would be renting, he committed fraud. Fraud could potentially let you void (get out of) the contract. You could also potentially sue for compensation (e.g. for money off the rent) based on the provable (e.g. with comps and, likely, realtor testimony in court) difference in value between the unit as advertised and the unit as you rented it. (E.g. say that you are paying $1,200 month, but similar sized units in the same area without the architechtural flourishes typically for $1,050/month; if you signed a 12 month lease, you could potentially sue for 12 months x $150 (the monthly difference in price) or $1,800.)
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