Charlotte, NC asked in Landlord - Tenant for North Carolina

Q: I signed a lease, paid first months rent. I got the keys to the apartment, it wasn’t the fully renovated unit they said

Can I get out of the lease and get my check back? They don’t have any units available of the size and remodel available for me to move in. I have decided to move to another complex.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: You might have options to address this issue, depending on the terms of your lease and local tenant laws. If the apartment you received isn’t what was promised in your lease agreement, you could potentially argue that the landlord has breached the contract. It's important to check your lease for any clauses that describe the condition or specifications of the apartment.

Gather evidence of the discrepancies between what was promised and what was delivered. This could include photographs, emails, or descriptions from the listing. Communicating your concerns in writing to the landlord or management company is a crucial step. Explain the situation clearly and request either a cancellation of the lease or a suitable alternative that matches the original agreement.

If the landlord is unresponsive or unwilling to rectify the situation, you may need to consult with a lawyer or contact a local tenant advocacy group for advice on your next steps. They can provide guidance on whether you can legally terminate your lease and recover your money, based on your specific circumstances and local laws. Remember, it’s important to act quickly and keep all communication documented.

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