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Posted by Will on August 28, 2000 at 14:15:20:

In Reply to: Re: Bait and Switch posted by Mark Smith on August 27, 2000 at 10:26:04:

not moving in will build a stronger case...I think on an indivual basis this is fraud.

Will

: By the terms of most standard form leases, a tenant can deem a lease null and void if the landlord fails to deliver possession on a timely basis, and if the tenant follows the procedures set forth in the lease.

: However, a tenant can't void a lease simply by refusing to move in. If that were the case, any tenant could void a lease for any reason, or for no reason at all, simply by not moving in.

: Why this tenant signed a lease with the wrong apartment number on it is a mystery to me.

: :
: : Most leases have a clause about taking possesion. If you do not move in withing a givin time period the lease is null and void...DO NOT MOVE IN.

: : If the landlord tries anything it will fall flat in court.

: : Will

: : : I signed a lease for an apartment in Brooklyn and just learned that it is not the apartment I was originally shown. When I signed the lease I recognized that the apartment number was incorrect and asked the broker to make the correction which she says she did. ... The lease I signed stated that it was a two year contract. Now I'm in a bind. I need a place to live and I'm willing to live in the new apartment until I can find another one. What are my legal rights in asking the management company of the building to draft a new lease on a month to month basis and asking for the broker's fee back? Do I need legal reprentation? Should I approach the management company before seeking legal coucil? Any information or contacts would be enormously appreciated.

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Comments:
: not moving in will build a stronger case...I think on an indivual basis this is fraud.

: 
: Will

: : By the terms of most standard form leases, a tenant can deem a lease null and void if the landlord fails to deliver possession on a timely basis, and if the tenant follows the procedures set forth in the lease.  

: : However, a tenant can't void a lease simply by refusing to move in.  If that were the case, any tenant could void a lease for any reason, or for no reason at all, simply by not moving in.  

: : Why this tenant signed a lease with the wrong apartment number on it is a mystery to me.  

: : :
: : : Most leases have a clause about taking possesion.  If you do not move in withing a givin time period the lease is null and void...DO NOT MOVE IN.

: : : If the landlord tries anything it will fall flat in court.

: : : Will

: : : : I signed a lease for an apartment in Brooklyn and just learned that it is not the apartment I was originally shown. When I signed the lease I recognized that the apartment number was incorrect and asked the broker to make the correction which she says she did. ... The lease I signed stated that it was a two year contract. Now I'm in a bind. I need a place to live and I'm willing to live in the new apartment until I can find another one. What are my legal rights in asking the management company of the building to draft a new lease on a month to month basis and asking for the broker's fee back? Do I need legal reprentation? Should I approach the management company before seeking legal coucil? Any information or contacts would be enormously appreciated.


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