My daughter was shown an updated apartment with wood floors, new appliances, etc and told there was one apartment available but would have to wait until July 10th for those same updates to be done. She signed the lease on July 8th and was told she could have the key on the 10th. Lo and behold the 10th is here, the work is not done and now they are saying it was never slated to be done. She hasn't moved in yet. Can she cancel this contract due to verbal misrepresentation? There is nothing in the contract about the updates.

Hello g:

In real estate matters, written agreements are king. Even though the renovation was not slated to be complete by the 10th, for sure her tenancy started by then and her lease has got to say so... That should be enough to get her out.

She should write the landlord a certified letter stating that the apartment wasn't ready when it was supposed to, so she COULDN'T move in. Have her DEMAND her deposit back, and if she doesn't receive it within 48 hours she will SUE.

excon

If she can show that she signed the lease based on the promise of the updates being done, then yes.

What I would recommend is turn the key back in, with a letter stating that she signed the lease based on promises that the apartment she was renting would be updated. Since the updates were not done, the landlord is in breach of contract and she expects the immediate return of any deposits paid.

What will then happen is either

1) they will return the monies
2) they will deny the promises and keep the money
3) they will sue her for breach of contract and any rent until the apartment is rented to someone else

In the case of 2), she will then have to sue them for the return. In the case of 3) she can file a countersuit.

Hopefully she will learn from this and get promises in writing.