How do I determine if I have a case for a misleading contract against my apartment complex?

Question

When I moved into my apartment I was told by the leasing agent that I was paying a $299 deposit. Like most people I took her word that everything was legit and signed the agreement. After reviewing the agreement I found out that a $299 deposit is really a $49.00 deposit and $250.00 non refundable administrative fee. Is there anything I can do because I feel like I just got screwed heavily.

Answer 1

Do they advertise the $299 deposit? If so, see if they have "fine print" in that advertising. If not, you have several options. You can contact the BBB for misleading advertising, you can contact an attorney, who will advise you to take this to small claims court. You might be able to get assistance with the court costs depending on your system there. Or you can write a letter to the owner of the apartment complex, stating that since you were verbally informed it was a "deposit" that you didn't read the fine print, however, after doing so, you discovered you had been mislead and inform them you are willing to take action against the complex. Keep in mind, should you do any of the above, with the exception of contacting the BBB, (Better Business Bureau) you will most likely be out a place to live when your lease is up, or before if your lease is found to be null and void.

Answer 2

Technically there is nothing you can do since you had a chance to read the contract before you signed. The question is have you not rented if you knew? If that is the case, you can go back to the office and talk to the manager (not an agent). Tell him/her that you were mislead and although it was your responsibility to read the lease word by word, yet, you didn't because you believed what the agent told you was accurate. Therefore you want the lease canceled and you want the money refunded to you. Other than that, I don't think there is any negotiation possible, since it's the standard lease they use with anybody. If $250 include cleaning fee, it's not too much, really.

Answer 3

If you signed the agreement without reading it, you only have yourself to blame. The written contract trumps any oral agreements you may have had unless superseded by state law.

Some states limit the administrative or application fees that landlords can charge -- CA limits it to $25.00, for example -- and presume that all additional funds are part of the damage deposit regardless of what the agreement states. Most state laws are silent on that issue, though.

Check with a local attorney or look for landlord-tenant law information at your state Attorney General's website.

Answer 4

you do not have a case against the LL or complicated. protection is not at all certain in a condo unit. this could be a felony count to be dealt with via the police and judicial gadget. The offenders are the criminals, no longer the apartment complicated. in the event that they're discovered to blame, area of the sentence would be paying damages. This sounds like an fairly undesirable residing issue for you which you chosen out of financial necessity. the final you could wish for is them letting you out of your lease without penalty.

Answer 5

It is your responsibilty to read an agreement before you sign it.

YOU have a duty to protect yourself at all times, and unless you are legally blind, you should not have relied on another persons explanation of a document that you were fully able to review yourself.

"Like most people .... " Wrong. Most people take the time to read anything they are asked to sign because "most people" do not wish to be legally bound to an agreement they have not reviewed beforehand.

Answer 6

you signed the contract bud should have read the fine print...always read a contract in full no matter what.

Answer 7

See a lawyer.