Misrepresentation in Lease

[DavefromNC]

I just received a letter from the management company regarding my apartment. It turns out that the downstairs rooms that were advertised as bedrooms in my apartment cannot be used as bedrooms as given that they are underground and have no front egress in case of emergency. When I was shown the apartment I was told it was a three bedroom by the broker and the landlord, but given the current development it turns out that it was only a 1 bedroom. Also given that there is no front egress and that makes this a hazard, I would venture to say that not only did the LL misrepresent the number of bedrooms but willfully endangered my family.

Here's the kicker, the LL that I signed my lease with went into foreclosure and the management company is the court assigned one for the foreclosure proceedings.

Do I have any recourse here or am I SOL?

[TenantNet]

I would think you have some recourse. This sounds like an "illegal apartment" except that it's only partially illegal. There are many such illegal apartments throughout the city -- so much that the Queens Borough President put an entire section about the issue on their web site (I don't have the URL handy but it's been cited on this forum before).

Aside from all the issues raised for illegal apartments, you likely have a case for misrepresentation in that the LL claimed you could use those rooms for sleeping purposes. Does you lease mention this in any way?

But it depends on what you want to do. Do you wish to get out of the lease and just move? Or do you want a reduction in rent? It all depends.

I would not ignore the egress issue. It's easy to ignore, until there's a fire. Basement units can also have an issue with carbon monoxide.

[DavefromNC]

Well I have to move because the management company says so, not to mention the fact that it can be unsafe. I'd be amendable to having the management company move us into a 3 bedroom apartment with the same amenities and the same monthly rent. If they can't then I want them to pay me for any costs incurred because I will have to relocate my family, plus I think I'm due some money for the LL's misrepresentation and willful negligence.

Had I known the truth about the apartment I would never have have moved my family in here.

[TenantNet]

Well I have to move because the management company says so

No you don't. That's the point of this site ... that you have rights and you don't have to jump just because the LL says so. Presumably you have a lease which outlines your rights and obligations for both the tenant and LL. There are also laws that supersede leases.

The LL would have to terminate your lease. You don't need to move just because they say so. If they terminate it, they would likely have to provide grounds ... which might involve an implied admission of what they did. If they don't cite that, then there are potentially triable issues. At this point I would devise a strategy, keep a journal, save every document and dated envelope.

If you want them to pay for any costs, you're going to have to have some leverage.

Yes, in the meantime you'll have safety issues to contend with, so it's a fine line to walk.

You might wish to consult with a tenant attorney - someone who specializes in this sort of thing - to assess your situation.

[DavefromNC]

Thanks for the feedback. I'll be keeping every bit of correspondence between me and them.