The rental place I signed for was not as advertised. Can I hold them liable for this?
My landlord advertised a specific square footage and price per square foot, and when I measured, it wasn’t accurate. He informed me it was an “add-on factor” and that my room was 18.5% smaller than advertised because of it. Is this legal?
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Yes, so it is an issue. If they stated and advertised the rental with these specs, and that is not what you received, they could be liable.
If you relied on that information when deciding to rent and it was not accurate—and it now materially impacts the rental, such that you would not have rented had this been known—you could have a basis to break the lease and not move in.
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What is false advertising?
Lexi, Chatbot
I understand you’re looking for information on false advertising. Can you provide more details about the specific situation or concern you have regarding this?
My landlord advertised a specific square footage and price per square foot, and when I measured, it wasn’t accurate. He informed me it was an “add-on factor” and that my room was 18.5% smaller than advertised because of it. Is this legal?
Lexi, Chatbot
Have you already taken any steps to address the false advertising issue, such as contacting the company or seeking legal advice?
Contacted the company.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with false advertising.
Yes.
I have documents that back up my claims, and my lease that I signed thinking the space was as advertised. They are saying it was on me to measure the space and understand that it wasn’t the actual size on my own. They only admitted it after I measured and confronted them.
Alex, Esq.
This is Alex, Esq., and welcome to AskALawyer.
I have been a legal expert on the site for over a decade, and my goal is to provide you with the best experience possible and answer any questions you may have about your current situation. Your satisfaction is my top priority!
Our new lease with this location begins today, so I’ve been scrambling to manage this, and want help understanding my rights in this situation so I can resolve it as quickly and peacefully as possible.
Alex, Esq.
Of course, and I do understand. Can you share with me some background? What was their response when this was all measured, and did you see the rental prior to moving in?
I have their response documented via email. They admit that they did not disclose to me about the add-on factor and are trying to offer us terms that are not super satisfying resolutions for me.
I was able to view the property before renting, but I did not measure it while viewing the first time.
Alex, Esq.
Yes, so it is an issue. If they stated and advertised the rental with these specs, and that is not what you received, they could be liable.
If you relied on that information when deciding to rent and it was not accurate—and it now materially impacts the rental, such that you would not have rented had this been known—you could have a basis to break the lease and not move in.
Do I have any other course of action besides breaking the lease or moving in with the inaccurate rate? Do you think I would have grounds to push for an accurate price per square foot based on the advertising?
I like the space, and we have had a decent relationship with these managers for the better part of a year now.
Alex, Esq.
Yes. In a situation like this, I think you can ask for a reduction in rent to accurately reflect the square footage of the rental and what the market value allows for.
If you are happy with the rental but feel that the price is more than it should be based on what they represented, you can simply ask for the rent to be reduced.
Alex, Esq.
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