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Hi
I have searched google and asked a couple of friends but have not found out good advice yet. I'm looking for anyone who had similar experience or has legal information for me.
My issue is related to Tenant / Landlord dispute. It's in regard to signing a lease and being given false information through ignorance.
EDIT: I live in Philadelphia, PA and I am a student. I am dealing with a management company not just a single landowner
Yesterday I signed a 12 month lease with a lady who was supposed to answer questions. I told her I was going to stay 10 months and wanted to know the break contract clause and how much it would cost me. She told me it was 500$ + 25$ x 2 months remaining = 550$ TOTAL. This was totally fine with me and I signed it because I liked that clause.
Today, she sends me an email saying it is actually 500$ + 25$ x 2 months remaining + all the rent also due 800$ x 2 = 2150$. 2150$ is MUCH more than 550$ she originally told me yesterday when I was trying to understand the lease.
I went in the office to complain and the more senior people were rude and told me I signed the contract so its binding. I told them she told me it was 550$ but then she claimed she didn't know and never mentioned it.
They told me she was a new employee only there for a week and did not know.... but now she is denying telling me the wrong information.
I have taped the conversation so I have proof to her admitting she did not know how much the breakout clause is which is ridiculous because I asked her to check and make sure it was 550$ like she said. I also have an email I received today of her trying to hide her tracks by saying "As I told you yesterday, it is blah blah blah 2150$".
My question to teamliquid is... What are my options?
There has to be a law where if they tell you verbally something wrong and you sign it, it cannot be valid... or else I could just lie about something and make u sign a contract..
If I go to lawyer, will it cost more than I would be saving? Can I get out of this contract and look for a month to month apartment? Or should I just suck it up and take the hit?
Thanks and I really appreciate any legal advice or pointing me in the right direction.
  
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We do have lawyers on TL so maybe wait for their advice.
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Thanks I am really in need of some advice.
I also feel like a badass recording the whole conversation even though they were ganging up on me to protect the "new employee" and making me feel like shit.
Unfortunately I did not record her telling me the false information.. I thought you can usually just trust them to know the facts since it is their lease...
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What state are you in? Are you going to school?
Edit: Go through your school, they'll usually set you up well legally and for little if any cost.
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As a student, you have access to resources through your school. If nothing turns up here, that might be a resource you could look into. You won't be the first student to encounter this sort of problem and they might be able to describe to you the outcomes of past incidents.
Good luck!
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United States23455 Posts
I would recommend going through channels in your school to try to get help. If you have evidence that they breached their contract then you should be fine. It's interesting I also live in Philly and am a student haha. If you go to Temple Professor Boles would do that shit Pro bono haha.
I'm no lawyer but I feel that you'll be fine here.
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I'm a lawyer -- albeit a Colorado lawyer.
What does the contract say? If it says that you have pay the larger penalty (ie you didn't read it before signing it), you may have some problems. If this ends up in front of a Court, you could plead "mistake," arguing that it was the intent of the parties that you be subject to the lesser penalty and that the Court should reform the contract to reflect that reality.
As for your tape recording, I don't know about Pennsylvania law, but some states place restrictions on one's ability to surreptitiously record conversations. If Pennsylvania has such a law, you may not be allowed to use your tape recording as evidence in Court, in which case you're probably screwed.
Pennsylvania may also have some special tenants rights laws that will afford you extra protections. You'd have to chat with a Pennsylvania lawyer to be sure, which I absolutely recommend that you do. Try to find a pro bono outfit that can offer you some legal advice.
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So your contract doesn't explicitly outline the cost of breaking your tenancy early? That seems strange as it's usually one of the most important thing in a rental contract.
By the way, the costs that she is giving you doesn't sound very fair to me, I mean that really means that no one will ever break the contract early, you might as well let your friends free load for a couple of months until it ends as you will be paying it one way or another.
I don't really think it's wise to sue them or anything, even if you get a favourable outcome, they will do their best to make your stay as miserable as possible, (being there, done that.)
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On March 07 2014 06:46 lantz wrote:
I thought you can usually just trust them to know the facts since it is their lease...
Welcome to the real world, this is why everything you ask for needs to be in writing.
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Can't you leak the tape to the press, so no one knows where it came from? :o
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i am a lawyer on the internet, and everyone knows that what is in writing is what is enforceable.
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Blazinghand
United States25559 Posts
On March 07 2014 09:36 32 wrote:
Can't you leak the tape to the press, so no one knows where it came from? :o
The press would not care at all about a landlord-tenant dispute unless there was some other reason to care about it (like the landlord is someone famous) which doesn't sound like the case here.
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So I'm pretty screwed then?
They are all rude and shit ...
Can someone explain to me who pays the legal fees? Both sides or the loser?
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most likely it will depend what the contract says. any ive signed makes it clear what the penalty is for booking early
what you want to do is talk to a local lawyer who knows tenant/landlord law, and learn to not sign shit without reading stuff/knowing all facts first
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I read it but she told me false information that she tried to cover up the next day with another email........
Yes I know how to read but if someone tells u stuff you kinda have to believe some of it
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This isnt relevant but where in philly are you? Im in west chester and Ive never talked to anyone on tl that was even close
edit: I can also tell you that any half decent lawyer that can get you your money back will charge way more than what its worth to hire them
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On March 07 2014 12:00 lantz wrote:
I read it but she told me false information that she tried to cover up the next day with another email........
Yes I know how to read but if someone tells u stuff you kinda have to believe some of it
I would always get that shit in writing just to cover your ass. Your future landlord should understand where you're coming from, and it pays to be responsible and organized about it. If she's not willing to make such a thing available and put it in writing for you just to be safe, then she's probably not the type of person you want as your landlord.
My expertise: I just watched an episode of Suits.
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intrigue
Washington, D.C9934 Posts
haha cute. never realized why my parents were such hardasses about what was in print until i had to sign shit myself. anyhow if you don't make any headway with getting your lease changed, look to sublet the last 2 months to someone on craigslist. there are generally peeps looking for just a few months for summer internships and stuff near a university. 10 months is enough time to find someone
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Ok thanks for the advice.
This was more the case of she had no fcking idea what she was doing and told me wrong information and any questions I asked her are probably not credible now... Like I asked if the carpets were cleaned (they looked dirty) and she said they were...
she's clearly new at her job and I happened to be the first victim... This is just wrong and I feel like I should be able to make it right.. but i guess if the costs outweigh the benefits im screwed.
Also, now they all hate me in the apartment probabily... im in a sticky situation so I might even want out now.
Also, I go to Upenn so they have some helpful links on their law school website.
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damn your a upenn guy? if you happen to play lax I know a few guys on the team..
anyway good luck with your case, it kinds sounds like a dumbass receptionist
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EPT
