Q: Are my fair housing rights being violated? Do I have a case
I am a student and I signed a lease with an apartment company in October 2016 for a Fall 2017 move in. I gave them a preference form containing the room I requested to have in the 2 bedroom unit I signed for since I would have one other roommate in the other room. They didn't give me the room & I explained to them that I needed the specific room I requested for medical reasons related to asthma & generalized anxiety disorder. They never responded to my request til I contacted the corporate company & told them I would like to terminate the lease. They then said they could move into a 4 bedroom with 3 other roommates or I could find someone to take over my lease & pay a reletting fee of $250. I explained to them this would also affect my anxiety disorder & not give me an equal enjoyment of dwelling and that I wanted to cancel my lease & it would be illegal to make me pay a fee for termination for medical reasons. They never responded so what are my options now? I have yet to move in
A:
The written contract for companies like this are generally pretty well-written to allow the company "wiggle room" about such things as giving you a two bedroom unit. It is sometimes worded as their "best efforts."
Filing suit in small claims court MAY help, but that court only has jurisdiction to hear contract claims or small dollar amount civil claims. That "message" may be enough for them to release you from the deal.
Superior Court is where a judge can exercise EQUITABLE principles, and declare the contract void, or unenforceable against you. As is usually the case, there is not enough information in an online message for anyone to tell you the chances of success.
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