My girlfriend and I have moved halfway across the country from the East Coast to the Midwest, although this was a planned move neither of us had an opportunity to visit our new place before moving. we knew it was risky, but we rented a place sight unseen based only on a floor plan and conversations with the management company. Now that we've arrived not only do the measurements differ from those we were given (it's about 80 square feet smaller), but a key feature (balcony off the bedroom) quite simply doesn't exist! after being here a week its quite clear that much of the gardening equipment we brought for the balcony will either have to go in storage or be thrown out (we just don't have the space) and we're quite disappointed as the balcony was one thing that set this place apart from some of the others we had spoken to.
We originally received the lease as an attachment via email and it although the lease itself doesn't actually include measurements or mention the balcony, both are talked about in the body of the same email that contained the lease.
So, even though neither of the two issues (smaller space & no balcony) actually contradict the lease, would we be within our rights to claim that the apartment we are renting is not the one we agreed to rent and either negotiate a lower rent payment or break the lease without penalty (although this would not be a reasonable option to us…finding the time and money to move all our furniture a second time)?
You're right: you took a risk and now are stuck with it. you can ask, but don't expect much in return for your argument that a bedroom balcony is a "key feature."
Go and try it. keep your cool and make no threats.
You could consider writing a letter to the management company describing how, in detail, the e-mail that was sent to you differed from the actual apartment you leased.
Unless this balcony was clearly mentioned in the actual lease that you signed you probably will not get a a lower rent.
You should always make sure that any contract is clear and meets your expectations before you sign it. you probably do not have legal recourse. Still, a letter would not hurt.
It's not going to happen, and that is the price one pays for signing a lease without viewing the specific property which one will receive. If those issues were that important to you, you should have clearly indicated IN THE BODY OF THE LEASE CONTRACT that this is what you were to receive. Now that the lease is signed, you are out of luck.
You can ASK if you can be relocated to the desired type of unit, but the management is under no obligation to agree to your request.
It never hurts to ask for lower rent but they have no legal obligation to comply. that certainly is NOT legal grounds to break the lease. The lease is legally binding with the current rent amount the minute you signed it. The body of the e-mail does NOT constitute any kind of agreement or contract. that will not stand up in court.
These are all chances you take when you rent a place sight unseen. that was your choice NOT theirs.
Is it possible to negotiate a lower rent payment than the one on my lease?
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