Q: I did a walk through of a rental unit and liked it. I signed the lease, but when moving in was given another unit.
I videotaped my walk through of the unit with someone from the Rental management company. My wife and I signed the lease and went to move in a few weeks later. We walked up to the unit only to discover that someone else had moved in. We were in shock. We went around the side and found the lockbox on another unit and it turns out to be ours. I contacted the management company and they said that i signed the lease. Is this legal? Can they show me one unit and not tell me that it isn’t the actual unit that I’m going to move into? And I only find out at the time I’m moving in? This is after we have already ended our previous tenancy. The units are basically the same except for our unit has an old oven with 3 small burners instead of 2 big and 2 small. And one of the bedrooms in the unit I viewed had a double shelving unit along the length of the wall, but the one we moved into doesn’t. Can we do anything?
A: What did the lease you signed say - did it specify the unit # that you toured or the one you moved into? When you did the walk through - was it represented as being the specific unit or as being representative of the available units? If you videotaped the walk through, listen to the audio carefully to see what, if any, misrepresentations were made. IF they were, then it may depend upon what resolution you wish or find acceptable. It sounds as if they replaced your stove and installed similar shelving you would be pretty much as promised, albeit still a different unit. Your strongest case likely would be if the lease specifies the unit you toured but were not awarded. Fall back is verbal misrepresentations, especially if you can prove them via recordings. Bottom line is you can try to work it out with the management or, if you think you can prove their breach of the agreement, review it all with a local landlord-tenant attorney if you wish to pursue the matter. Good luck.
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