What to do if my tenants want to break their lease because they are unable to use tennis courts that do not belong to my community?

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What to do if my tenants want to break their lease because they are unable to use tennis courts that do not belong to my community?

Unfortunately the tennis courts were noted in the listing but not in the lease. They signed a 24 month lease and I would like to let them out but will not agree to pay any of their expenses to move out. What is the best way to handle this and do I have any further obligations to them?

Asked on June 5, 2012 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should consult with an attorney--the tenants may have a case. If it was misrepresented to them, prior to their signing the lease, that tenants had access to tennis courts, and such access was a material (or important) part of why they moved in, it's possible that this misrepresentation constituted fraud. If it did, then it's possible that they may have a case not merely for rescinding, or voiding, the lease, but also for costs related to their moving after being fraudulently induced to move in.

Much depends on the specific situation: what did the listing actually say? are the tenants in fact tennis players, or are they just trying to sue this as an excuse? even if the listing said tennis was available, was it reasonable for the tenants to rely on that representation, or should it have been fairly obvious that tennis was not in fact available? what does the lease say? Etc. That is why you need to consult with a lawyer, to review the facts and situation in detail.


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