Issues with rental property
I move in Oct of 2003 and signed a years lease. The apartment advertised an indoor pool and fitness center but I was told that it was not finished but ”coming soon.” During the term of the first lease I again asked about the pool/fitness center and was told the same thing. Also during the term of my lease, I became pregnant and wanted to move to a bigger apartment that was also away from the daily commotion of the crack heads that lived below us. So we signed a new lease August 2004. After I signed the lease I asked again about the pool/fitness center and was told by the new manager that it would never be open for use because of some county ordinance that would not allow tenants to use the pool/fitness center as it was attached to the leasing office. I asked for permanent reduced rent for their false advertising but was given a credit for one month. Can I sue for to reduce my rent or terminate my lease agreement without penalty? Thanks!
Re: Issues with rental property
It depends on the terms of the lease. What they told you about the pool/fitness center is probably not sufficient enough to allow you to terminate the lease. This is especially true if there is a merger clause in the lease – “this agreement contains the entire agreement between the parties, etc.” I think suing to reduce your rent would be difficult, but I would have to see the lease to say for sure.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
glyon@macgregorlyon.com
http://www.macgregorlyon.com
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Glenn M. Lyon, Esq.
MacGREGOR LYON, LLC, Business Attorneys
1100 Peachtree Street, NE, Suite 640
Atlanta, GA 30309