Do I have a claim regarding a bait and switch by a landlord?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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