Apartment shown different than one on lease

[clintonkatie]

What is the name of your state? Kansas

Ok let me try to make this concise. We have a friend who was shown an apartment. He loved it. We will call it Apt. A. He put down a deposit and the next day signed a lease for what he believed was Apt A. He was supposed to move in today. Yesterday he received the keys and he went to open his apartment only to discover that the keys wouldn't open Apt A. He looked at the keys and they were for a different apartment (Apt. B). Apt B was much smaller. He immediately went to the office and let them know the problem. They said, "oh we accidentally showed you the wrong apt and quoted the wrong price" "You can have apt A but it won't be available until July 23rd and it costs $X more." They immediately canceled the lease that he had signed. Unfortunately after he signed the lease he went ahead and made calls for all the utilities before looking at the apartment. So here is the question. Should he go and demand that they give him the apartment he looked at for the price they quoted? I said that he could demand that but I didn't think that they would be obligated to do it. I thought he was actually pretty lucky to have been let out of the lease he signed although I am going to suggest that he take a sheet to them to sign saying that the lease was cancelled so it doesn't come back to bite him. Please let me know your thoughts.

 

[BL]

About the only thing he can do is void the lease , because that unit and the quoted price was not ready to move in .

Yes , the friend should get it in writing and signed by both parties .

 

[HuAi]

What does the lease say? Usually it will describe the address. If it's for Apt A, at the price that your friend wanted, then he should insist on lease being honored (management cannot unilaterally cancel the lease unless he also agrees). If it's for Apt B, then he should count himself lucky for getting out so easy.

What actual damages does he have?

 

[BL]

What does the lease say? Usually it will describe the address. If it's for Apt A, at the price that your friend wanted, then he should insist on lease being honored (management cannot unilaterally cancel the lease unless he also agrees). If it's for Apt B, then he should count himself lucky for getting out so easy.

What actual damages does he have?

Yes , if the unit is stated on the lease for A ) , and the lease holder wanted to wait until it's vacant , he/she could insist on it being honored and amended the move in date and rent prorated for the month .

 

[clintonkatie]

The lease is for Apt B. He just didn't know that it was for Apt B. He assumed it was for Apt A. Which was the only Apt he viewed. I don't know about damages unless he will be charge by the utility companies. He is just very angry since he has everything packed and was ready to move in.

 

[ecmst12]

He should have read the lease more carefully before signing. They are letting him out of his lease which is more then they are required to do, he should be happy.

 

[clintonkatie]

I agree that he should have read the lease more carefully, but honestly there are about 300 units in the complex and although he was able to walk right to the one that he was shown he didn't remember the number. The next time he goes through the process he is going to have another person along to make sure every i is dotted and t is crossed. Thanks for your help.