Q: Landlord says we can have a dog. Signed lease only because of this. Now he says no dog. Is this misrepresentation?
Before signing asked landlord about dogs. He said we could have dogs. That is the "only" reason we signed the lease at all. Now we are 6 months into the lease and about to pick up the dog from the breeder 2 months. We let the landlord know so that we could pay the pet deposit. But now he says no Dogs, or puppies specifically. But in my mind i feel it shouldn't make a difference. Asked if there was another place we could rent from him where he would allow a "puppy". He says no. We asked if we could break the lease to find somewhere else that would. He says no. We said we could find someone to take over our lease with no break in payments. He said no. So we are out of ideas besides just packing up and leaving, because in the lease it states that "any materially false statement that induces the signing of the lease, is a breach of lease". I feel this is misrepresentation and the lease should be void. Seeing is how this is the only reason we signed. Do we have a leg to stand on?
A: Sounds like a reasonable argument, but do check the terms of your lease agreement, there may be a specific clause about pets and there may be a clause dealing with oral representations.
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