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Misrepresentation

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Misrepresentation

Postby ammyth » Wed Feb 16, 2011 6:22 pm

I signed a lease for an apartment on January 13 of this year which started February 1. My wife, infant son and I moved in on February 10. Yesterday (February 15) the owner, who lives in the building, contacted my wife and asked for a meeting. In this meeting she was informed that they have sold the building. At no point during the interview process, signing of the lease, or previous to 2/15 was it mentioned that they planned to sell the building or that there might be renovations taking place.

The new owners have indicated to us their intention to complete major renovations on the two floors below us and the basement, converting them from individual units into one, large unit. They have stated that they intend to keep our floor (3rd) as a rental unit and we can live there during the renovation process. I understand that this is their right as the owners of the building.

However, I have some legitimate concerns. So far, they have indicated the the renovations are going to be fairly extensive. This is definitely going to mean a good amount of noise during working hours, which is very likely to disturb my 10-month old son during his daytime naps. Additionally, the building is at least 40 years old and there may be lead paint present in the building. This is a serious problem, since lead dust is difficult to contain and obviously dangerous to everyone, but especially small children. There may also be other major or minor inconveniences and hazards that reveal themselves during the renovation process.

I feel that I am the victim of a gross misrepresentation. I signed a lease for a quiet building in which there was no construction and no dangerous substances in the air. Now, I will essentially be living in a construction site for several months or longer. My health and the health of my wife and infant son, along with the serenity of my home will potentially be severely depleted. I find it difficult to believe that the owners were not already planning this sale, which took place only one month after the date of the lease signing; yet they said nothing. I agreed to pay X amount of rent for one thing, and now I am getting something completely different. And this is all after the extremely expensive and stressful process of moving, which we want to avoid having to do again at all costs.

I don't know what my rights are, or what their obligations are. Can I ask for a reduction in rent? How do I make them ensure that there will not be any lead dust or other dangerous substances entering my home? Please, any advice or information would be greatly appreciated.
ammyth
 
Posts: 2
Joined: Wed Feb 16, 2011 6:19 pm
Location: Brooklyn

Postby ronin » Tue Feb 22, 2011 2:30 am

One thing you mention has some real legs, but could antagonize your new LLs. Lead paint in an old building.

First, figure out your objectives. Do you want to stay in that apartment or move out? You could offer the LL to move you out and cancel your lease. Or, alternatively, you could have a lead paint inspection done to protect your infant.

If they detect one iota of lead paint the expenses for the renovation will sky rocket b/c the baby is there. They will be forced to use "lead abatement" contractors and a whole bunch of regulations. It is very expensive. It also may not actually protect your baby.

So if you can find a new place, and you can get the LL to see reason, try to have them move your family to the new place. If he won't see reason, let him eat lead- by that I don't mean shoot him. Rather let him eat the bills that a lead paint complaint will cost him. After a few of those bills he might come to you on his knees begging to let him move you (and pay your first 6 months rent while he's at it).

Your original LLs are sleaze. To move you into that location knowing you have a baby and that the new owners planned renovations is inexcusable. You might have a case against them for fraud, etc. Check with an attorney for $25. See my site for details.

Good luck.
ronin
 
Posts: 419
Joined: Sat Mar 16, 2002 2:01 am

Postby ammyth » Tue Feb 22, 2011 7:01 pm

Thank you very much for your response, it is truly appreciated.

The lead is also my primary concern, but here's the rub: we really like this apartment, neighborhood, street, location, everything. We don't want to move. On top of that, this move was hellacious for us, and the prospect of packing everything back up and moving again is daunting beyond comprehension.

The part about the lead paint inspection will come in handy, and I intend to request that they do it. I guess we'll proceed from there.

Thanks again.
ammyth
 
Posts: 2
Joined: Wed Feb 16, 2011 6:19 pm
Location: Brooklyn

Postby ronin » Wed Feb 23, 2011 12:36 am

Good luck. But do realize that you are in an unregulated apartment. So don't get too attached to it. The LL can just refuse to let you renew at the end of the lease. You might be better off getting a move out of the deal.

But either way, be careful of the lead dust.

Good luck!
ronin
 
Posts: 419
Joined: Sat Mar 16, 2002 2:01 am


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