Fraudulent Misrepresentation and Cockroach Infestation

[Zigner]

They said I couldn't inspect the unit because people were living there. They let me see the model though, said it was identical. The unit I moved into was identical except for the fact there's no washer/dryer.

So, there IS a location in the unit for one (of each), right? If that's the case, then you can buy your own with the added bonus of being able to take it with you when you move.

 

[quincy]

They said I couldn't inspect the unit because people were living there. They let me see the model though, said it was identical. The unit I moved into was identical except for the fact there's no washer/dryer. They lied to me to steal my money. Ofc I signed a lease I wanted to live there, I signed it in good faith there was a washer and dryer and no roaches aka inhabitable.

They don't teach us this in school!!! I literally have a BA degree, never once took a course on leasing. My whole life I've lived in poverty and refuse to go back in because of this situation. And how can they threaten me with 4x month rent when I don't even see that in the lease!!! That triggered me and I missed work because of emotional/mental distress which is very real. How am I gonna be a therapist to kids when I am going through this.

I want the compensation I deserve. We live in one nation, under God, indivisible, with liberty and JUSTICE for all. I GET MY JUSTICE. It happens. I will follow your advice. Thank you for the link it is so helpful. I am never renting again. I will suffer and live the way I gotta live until I can buy my house I don't care. This gave me legitimate trust issues with landlords.

Again, don’t expect to have your application fee refunded.

Is there space designated in your apartment for a washer and dryer (hookups installed)?

The chemical smell should dissipate after airing out the apartment. The concern would be if the roach treatment was sufficient to eradicate the roaches and prevent a new infestation.

If there are adequate remedies available for the landlord to take, you will have a more difficult time trying to break the lease.

I suggest you contact legal aid to get a better idea on whether you can successfully break the lease without penalty.

 

[FarmerJ]

Having a BA should have helped you be more firm regarding this lease and them telling you something (telling you something is like a gas cloud from another shoppers backside in a walmo, you know it happened but have no proof that it happened other than memory of the smell ) basic of contract law is if its not in writing how do you prove it ? As to renting a unit unseen that is a lesson learned the hard way. SO did you take pictures of the dead bug mess in each room ?

 

[Zigner]

But it wasn't in the lease.

I would bet that the lease also contains the standard blurb about any agreements being contained in the lease and no verbal agreements made outside of the lease will be valid.

 

[quincy]

I would bet that the lease also contains the standard blurb about any agreements being contained in the lease and no verbal agreements made outside of the lease will be valid.

Although a blurb like that would be good to have, I don’t think that language is included in the standard lease. It isn’t in the ones we use.

 

[Zigner]

Although a blurb like that would be good to have, I don’t think that language is included in the standard lease. It isn’t in the ones we use.

Interesting - it's standard contract language.

 

[quincy]

Interesting - it's standard contract language.

It’s standard for contracts in general and it is recognized as standard. What is (generally) enforceable is written in the contract and agreed to with a signature. It is not necessary, therefore, to include that blurb in a lease.

Edit to add: Many oral leases are valid. A written lease is not always necessary.

 

[not2cleverRed]

Two people working for management stated to me that the unit I would be moving into (if I so choose to decide to move in) contains a washer and dryer in the same spot as the model unit.

Perhaps they actually said/meant that there would be a washer/dryer hook up. This means that you have a place where you can install your washer and dryer. And yes, I have rented a unit that came with washer/dryer hook up. I bought a washer and dryer and had it hooked up.

The same apartment had a flea infestation when I tried to move in. I am allergic to fleas - that is how I found them. I notified management and they took care of the problem - you have to give management a chance to correct a problem before you get all huffy and break your lease.

When you were looking over your lease before signing it, what did they say when you pointed out that there was no mention of washer and dryer?

 

[quincy]

... When you were looking over your lease before signing it, what did they say when you pointed out that there was no mention of washer and dryer?

So much can be learned from reading what is written in a lease/contract before signing.

 

[Ohiogal]

It is my first time. You can't just go around lying to people to steal their money. I refuse to live in such a world. I need my money back to continue on with my life. This is why poverty happens to people. How am I going to work without a place to live? I refuse to go back into poverty, I lived my whole life moving around, being poor. I'm done! I learned to not trust people, yeah. There has to be a way to get my money back and be compensated for all this distress. It's very very very bad, unethical, morally wrong, unfair, unjust.

You seem like the type of person to say the world is unfair. Sure. But the world is also FAIR. I get my money back.

The written word is much stronger than verbal. What is in writing and signed controls.

 

[PayrollHRGuy]

It’s standard for contracts in general and it is recognized as standard. What is (generally) enforceable is written in the contract and agreed to with a signature. It is not necessary, therefore, to include that blurb in a lease.

Edit to add: Many oral leases are valid. A written lease is not always necessary.

See the second two whereas statements Arizona Lease: https://housing.az.gov/documents-links/forms/special-needs-forms/attachment-14a.

 

[Eekamouse]

It's written in all of our leases that only what written is enforceable, nothing oral. I'm in California, though, so I suppose this post is completely irrelevant.

 

[quincy]

The written word is much stronger than verbal. What is in writing and signed controls.

Agree. Also oral agreements not committed to writing are difficult to prove.

Our leases are standard leases but include provisions like those PayrollHRGuy posted (e.g., lease terminations must be in writing). We use lease addendums to modify terms, and these addendums must be signed by tenants. We have had to use these when state or local laws have changed (e.g., our on-campus housing went smoke-free to conform with local smoke-free ordinances).

That said, what is said to encourage someone to sign a lease potentially could also support a lawsuit if what was said (in person or in an advertising) misrepresents the property being marketed.