Lease signed under false pretenses

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Old Jun 1st, 2008, 12:36 PM   #1
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Default Lease signed under false pretenses

Before signing my lease, I asked the management staff how often trains passed by on the nearby tracks. They told me "a couple of times a day, but the noise is minimal". After signing the lease and moving in I found out the trains come by many times a day, and very frequently in the middle of the night, blowing their horns right in front of my apartment. I brought it to their attention immediately that I felt I was misled in the first place and asked if there was anything we could do about it. They told me that they were not willing to try and do anything to attempt to remedy the situation. They told me all I could do is buy out of the lease for what I feel is a very unfair amount of money. Is there any action I can take to get out of my lease for less than the 4 months rent they say it will cost?

This is in the state of Michigan if it matters.
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Old Jun 4th, 2008, 02:29 PM   #2
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Default Re: Lease signed under false pretenses

What could they do? Stand out there and stop the trains?

It is your responsibility to check out the neighborhood of any place you wish to rent. You should find out the statistics of crime, noise, traffic, etc. Had you done due dilligence, you would have known about the trains. You could have called the train company, transit authority, asked the neighbors, or just drove by several times to see for yourself. This is a matter out of their control. Your lease is valid. Sorry. Next time do a more thorough check of the place yourself.
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Old Apr 9th, 2009, 03:28 PM   #3
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Default Re: Lease signed under false pretenses

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Originally Posted by OHlandlord View Post
What could they do? Stand out there and stop the trains?

It is your responsibility to check out the neighborhood of any place you wish to rent. You should find out the statistics of crime, noise, traffic, etc. Had you done due dilligence, you would have known about the trains. You could have called the train company, transit authority, asked the neighbors, or just drove by several times to see for yourself. This is a matter out of their control. Your lease is valid. Sorry. Next time do a more thorough check of the place yourself.
Don't listen to landlords like this guy. They feel anything on paper is 100% the end all be all -- IT ISN'T. A party can not knowingly lie in order to get another party to sign a legal contract, the contract becomes fully or partially voidable.

Contact a lawyer, don't listen to an internet landlord.
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Old Apr 9th, 2009, 10:11 PM   #4
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Default Re: Lease signed under false pretenses

Sorry, but written contracts stand up on court. Verbal statements are easily disputed. Even if you could prove a LL stated that the trains came by a few times a day - please tell me how you can quantify to a judge how many times a day are a "few"? (And how do you quantify "many times per day"?) How do you explain to a judge that you understood a few times a day as only 3 or 4 (or whatever number you believe a few is)? The LL could just as easily state that he did tell you that trains came by each day and that he felt the noise was minimal (again, quantify minimal). What decibal level is quantified as minimal? These things are disputable in court since each party has their own definition of what they are. After seeing these types of disputes being argued, it just isn't an easy case to win. There are too many variables. Cases over written disputes are much easier to argue in court.
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