can you terminate lease early due to false advertising?

ajminck21May 9, 2009

I moved into an apartment last June. On the website, in the newspaper and on the contract it states NO PETS. After moving in I discover that just about every single tenant has animals! My downstairs neighbor had 2 German shepherds that barked all the time. They would leave the dog outside tied to a pipe or something and every time I would try to scoot past the one dog to get in my door he would growl and bark and lunge at me. Also, they never cleaned up the dogs feces and both myself, fiancee and friends stepped in it numerous times! I wrote the landlord a letter telling him about the dogs and nothing was ever done! I called the rental office and asked about terminating my lease early and was told the only penalty I would face would be that my deposit would not be returned to me. Unfortunately I didn't get it in writing and now am being billed 2 months rent plus an $860 administrative fee for "skipping"! Any way I would win in court for the apartment company false advertising? Thank you for any help!

Thank you for reporting this comment. Undo
desperaterenter

Funny, I remembered I'd just read a section in Every Tenant's Legal Guide about false advertising. I looked it up, and while the chapter deals with repairs, it kind of touches on your problem. Apparently, if a landlord advertises something, like cable TV, he's required to keep it working; if not, you can repair it yourself and sue in small claims court.

It's not the same issue (when have you ever read a guide that addresses your exact problem? :o), but I think it's close. You moved in on the expectation that you'd have no neighbors' pets to deal with (and no odors from previous pets in your unit), and that's not how it worked. You should be able to sue in small claims for everything; the two months plus the admin fee. Just make sure you print out the web page, cut out the newspaper ad, and obviously bring a copy of your lease. Maybe get hold of the book and copy the section on advertising promises.

    Bookmark   May 9, 2009 at 9:34PM
Thank you for reporting this comment. Undo
GammyT

You signed the lease last June, it is May, MOVE instead of renewing the lease.

Read your lease, it has something in there about not renewing your lease. Most say 30 or 60 day written notice. Your landlord wouldn't be saying "skipping" for no reason.

You lived in the no pets building for a year and let it go.

Maybe try small claims court

    Bookmark   May 11, 2009 at 3:43PM
Thank you for reporting this comment. Undo
fizzlebottom

They might argue that all new tenants are not allowed pets, but that it doesn't apply to tenants who have renewed. If you had something in writing (or maybe a person's name at least) you'd probably be fine, but since you don't, they'll just refer to the lease. Maybe just having a lawyer contact them about you taking them to court will get you somewhere. Good luck!

    Bookmark   May 12, 2009 at 9:18AM
Thank you for reporting this comment. Undo
hardee38

I agree about trying to get a lawyer. Some will give free conseltation. Call around to find one. Maybe call small claims court and ask them your rights in the situation.

    Bookmark   June 2, 2009 at 10:37PM
Thank you for reporting this comment. Undo
plc1976

These types of things is exactly why I do not do apartment living anymore.

    Bookmark   June 20, 2009 at 4:31PM
Sign Up to comment
More Discussions
Appliance Size for garage apartment
building an apartment over a garage. apt size is 500...
cobbyw
fyi-spammer attack on gardenweb-don't click!
The spammers are out in full force today. Do not click...
dreamgarden
Maintenance Man
The maintenance man moved off property last year but...
jackflap
What is it with crazy people and parking spaces?
I live in an apartment otherwise known as the 'beehive'...
MassMitten
Need help with a doorway partition
I just moved into a studio apartment and I'm looking...
sfliving
Sponsored Products
Hamilton Loveseat - Cordova Picante Orange
Joybird Furniture
Five Seasons Baja Coast/ Grey Area Rug (3'7 x 5'5)
Overstock.com
Bernie Series Table Lamp No. 6469/1 by Holtkoetter
$878.00 | Lumens
Ascending Hot Air Balloon Print
$44.99 | Dot & Bo
Plug Option by Tech Lighting
$52.00 | Lumens
Indoor Ceiling Fans: Yosemite Home Decor 52 in. Indoor Bronze Ceiling Fan with L
Home Depot
VIG Furniture - Divani Casa Knight Modern Beige Leather Sectional...
Great Furniture Deal
Westbury Taupe Wave Pleat Shade Brass Swing Arm Desk Lamp
Lamps Plus
People viewed this after searching for:
© 2015 Houzz Inc. Houzz® The new way to design your home™