First floor apartment should be second

[jbp]

Hello.

A roommate and I recently signed a lease for an apartment. We believe we were originally told (it's our word against his) that it was a second floor place. Well, it's on the first floor. Not only that but the rooms are smaller then what's on the floor plan (off by 6" here and 3" there but still). We asked three times to see the place but were told that it is not the complex's policy to show the apartment while the tenant is still there. Yes, we were stupid to sign anything without seeing it. Anyway, we haven't moved in yet but the realtor is initially refusing to terminate the lease. Do we have any leg to stand on? All we want to do is take our lumps (lose deposit and first month's rent) and move on.

 

[LorettaL]

You are bound by the terms of your lease; if it doesn't say anything about what floor the apartment is on then you have no grounds to say your obligations under the lease are ended. As for the shortage of a few inches in room size, that's not a material breach of the lease either. Most likely if you tell the landlord you want to get out of the lease and are willing to give up security deposit plus first month's rent to do so chances are he'll accept your termination. Next time get any material terms in writing BEFORE signing or writing a check!