Q: Do we have any rights as a renter for what we considered false advertisement?
We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us before arrival. We discovered this when we arrived for our vacation. Should we be able to get some type of refund legally speaking?
The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity.
You should contact the landlord and let him or her know of your dissatisfaction. They should be willing to pay you for the value of the lost amenity. This would likely not be the entire value of the rent, but, some portion of the rent.
Hopefully, you will be able to reach a resolution with the owner short of a lawsuit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.