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[gorgc123]

State: Michigan

I looked at a house which was advertised on the MLS as having docking privileges on a lake close by (house in in second row from water).
Signed the lease and wanted to move in when Landlord tells me that docking privileges are not available.
I refused to move in until docking is provided. Landlord tells me docking is not mentioned in lease so he doesn't have to provide it. (but appliances are also not listed but provided as stated in the MLS listing)

Now we returned all keys and he relisted the house but removed docking privileges from the listing.
But he wants me to pay rent until he finds a new tenant. And it seems to me as if he doesn't want to find a new tenant.

Is there a way to get out of the lease because the advertised docking privileges were not provided?

thanks

 

[quincy]

State: Michigan

I looked at a house which was advertised on the MLS as having docking privileges on a lake close by (house in in second row from water).
Signed the lease and wanted to move in when Landlord tells me that docking privileges are not available.
I refused to move in until docking is provided. Landlord tells me docking is not mentioned in lease so he doesn't have to provide it. (but appliances are also not listed but provided as stated in the MLS listing)

Now we returned all keys and he relisted the house but removed docking privileges from the listing.
But he wants me to pay rent until he finds a new tenant. And it seems to me as if he doesn't want to find a new tenant.

Is there a way to get out of the lease because the advertised docking privileges were not provided?

thanks

Your landlord is correct that it is the lease that is binding. If dock privileges are not mentioned in the lease, the dock privileges are not included.

You should have read over the lease carefully prior to signing, had the lease amended to include the dock privileges and walked away without signing if dock privileges were important to you and were not included.

 

[gorgc123]

where does it start and end what has to be listed in the lease and not? For me this was a feature of the house just like the shed in the yard or the light fixtures in the rooms. What about the appliances? can she just take them out and I have no appliances? Or can i just take them with me when i leave because they are not in the lease either?

 

[quincy]

where does it start and end what has to be listed in the lease and not? For me this was a feature of the house just like the shed in the yard or the light fixtures in the rooms. What about the appliances? can she just take them out and I have no appliances? Or can i just take them with me when i leave because they are not in the lease either?

If the cost of the rental is based on false advertising claims, then it can be possible in some cases to have a lease cancelled. However you were able to inspect the premises and read the lease and ask about the dock privileges prior to signing.

 

[gorgc123]

During the viewing of the house the landlord confirmed the docking privileges verbally. My real estate agent was present at that time and confirms this.
The high cost of the rental house is only justified by the docking privileges.

 

[quincy]

During the viewing of the house the landlord confirmed the docking privileges verbally. My real estate agent was present at that time and confirms this.
The high cost of the rental house is only justified by the docking privileges.

If that is the case, you could have a legitimate reason for canceling the lease without penalty. But you will want to be able to support what you say above if the landlord decides to enforce the legal contract you signed.

 

[gorgc123]

he increased the rent by $500 compared to the previous tenant and did not have any updates done in the house. But of course I have no way to prove that the high costs of the house if for the docking privileges.

But my real estate agent is willing to testify that the landlord confirmed docking privileges during the viewing of the house.

What would be my next steps? Have a lawyer draft a letter terminating the lease and see what the response is? Or should I just not do anything since i'm not even moved in nor have the keys to the house?

 

[LdiJ]

he increased the rent by $500 compared to the previous tenant and did not have any updates done in the house. But of course I have no way to prove that the high costs of the house if for the docking privileges.

But my real estate agent is willing to testify that the landlord confirmed docking privileges during the viewing of the house.

What would be my next steps? Have a lawyer draft a letter terminating the lease and see what the response is? Or should I just not do anything since i'm not even moved in nor have the keys to the house?

Did you pay him any money at all? A security deposit perhaps? If so, you would have to sue him in small claims court to get your money back. Since there was a witness to his statement that there were docking privileges and he didn't correct himself before you signed the lease, you would have a shot at prevailing. If possible, you bringing it to court might be a good idea either way, because if he is really the kind of scumbag he seems to be, he might just send you to collections for not paying him, without bothering to go to court himself.

 

[quincy]

he increased the rent by $500 compared to the previous tenant and did not have any updates done in the house. But of course I have no way to prove that the high costs of the house if for the docking privileges.

But my real estate agent is willing to testify that the landlord confirmed docking privileges during the viewing of the house.

What would be my next steps? Have a lawyer draft a letter terminating the lease and see what the response is? Or should I just not do anything since i'm not even moved in nor have the keys to the house?

An increase in rent from one tenant to the next proves nothing, really.

Have you asked your landlord why docking privileges are not allowed?

 

[gorgc123]

I did pay the security deposit. I just want to get out of the lease and move on even if he keeps the security deposit. I offered to pay him an additional month of rent as early termination fee but he did not accept.

I’m afraid taking this to court could be very expensive and drag on forever. I want to move on from this asap.

What happens if I don’t pay? He can just send it to collection without suing me? What are the consequences?

To the question why docking was not available he said that he had it at some point in the past but gave them away and would have to go back on a waiting list now to get them back. As far as I know these waiting lists are very long and unlikely to result in anything anytime soon.

 

[FarmerJ]

Did you by chance print out the original ad for this place or save a electronic copy that could be printed out ?

 

[gorgc123]

Yes I have the original listing that states the docking privileges

 

[quincy]

I did pay the security deposit. I just want to get out of the lease and move on even if he keeps the security deposit. I offered to pay him an additional month of rent as early termination fee but he did not accept.

I’m afraid taking this to court could be very expensive and drag on forever. I want to move on from this asap.

What happens if I don’t pay? He can just send it to collection without suing me? What are the consequences?

To the question why docking was not available he said that he had it at some point in the past but gave them away and would have to go back on a waiting list now to get them back. As far as I know these waiting lists are very long and unlikely to result in anything anytime soon.

Okay. It sounds as if the landlord didn't update the MLS listing. But what is written in listings is not guaranteed to be accurate. The information needs to be verified.

The problem is that your landlord confirmed docking privileges prior to you signing the lease.

 

[LdiJ]

Okay. It sounds as if the landlord didn't update the MLS listing. But what is written in listings is not guaranteed to be accurate. The information needs to be verified.

The problem is that your landlord confirmed docking privileges prior to you signing the lease.

Yep, the landlord should not have done that. The landlord should have admitted that there were no docking privileges before you signed.

 

[gorgc123]

So what would be my best option to get out of the lease as fast as possible. I just moved here from overseas and I’m not looking to get into a costly long lasting legal dispute. Is there any way to end this quickly?