Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

Question

I was moving because my apartment building did not have  EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the ability, so I got her to confirm in writing via email. 4 months later no charger. I mentioned to the other manager there was a space that no one parks in with EV and asked if I could have it. Their reply was that since that manager is gone now who promised it to me they do not have to fulfill the promise and there is a list of people in front of me to get one! They have no plan on giving me one and it was the reason I moved there!!!!

James L. Arrasmith · Answer

Based on the information you provided, it seems that you have a case for promissory estoppel, even though the promise of an EV charger was not included in your lease. Promissory estoppel is a legal principle that may be applied when a party makes a promise that induces another party to take action, and the promisee relies on that promise to their detriment. 
 
Here are some steps you can take: 
 
1. Gather evidence: Collect all written communication, including emails, where the manager confirmed that you would be first on the list to receive an EV charger. This evidence is crucial to support your claim. 
 
2. Send a demand letter: Write a formal letter to the property management company, outlining the promise made to you, the evidence supporting this promise, and the actions you took in reliance on the promise (i.e., moving into the apartment). Request that they fulfill their promise or provide an alternative solution. Set a reasonable deadline for their response. 
 
3. Consider legal action: If the property management company fails to respond or refuses to provide a satisfactory solution, you may need to consider legal action. Consult with a tenant rights attorney who can assess your case and advise you on the best course of action. They may suggest filing a complaint with a local housing authority or initiating a lawsuit based on promissory estoppel. 
 
4. Explore alternative solutions: If legal action is not feasible or desirable, try to negotiate with the property management company to find an alternative solution. This could include a rent reduction, the installation of an EV charger at your expense with a reimbursement plan, or the option to break your lease without penalty due to their failure to fulfill their promise. 
 
Remember, while the email confirmation from the previous manager may support your claim, the outcome of a promissory estoppel case depends on various factors and is ultimately determined by a court. Seeking the advice of a qualified attorney who specializes in tenant rights and contract law is highly recommended to protect your interests and explore your legal options.

Dale S. Gribow · Answer

You need to write out all the facts and bring that and the email to a consultation with a landlord-tenant attorney. 
 
Unfortunately, it is probably the kind of case that most lawyers would only take on an hourly basis rather than on a contingency. 
 
Realistically, are you in a position to retain a lawyer? With the facts you present, I think you probably have a good case. The issue with cases like yours is "Who has the most money to stay in the game?"

Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.