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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111495
Experience:  Attorney with over 24 years experience.
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I am in transition moving from California to Dallas. I found

Customer Question

I am in transition moving from California to Dallas. I found my apartment while in California and my fiance' went to look at the property and was shown, what is now visible, a newer unit. After signing our lease on Aug 24th, we found that we were rented a much older unit that is invested with roaches. The property managers requested that we bomb the unit and they would reimburse us and send pest control that Monday to spray the unit. Monday came and know one showed to spray. They then informed me it wouldn't be until next week cuz they don't work this week. They then stated that they only spray once a month and I would have to request to have it done more frequently, but they only spray the unit, not the whole building. Which its a known fact that only causes the infestation to move and come back later.
I am afraid to move my furniture in let alone put food in the unit because of the roaches. I recently requested that we be moved to one of the newer units that we were initially shown and they said we have to keep our lease in this unit for 6 months first and pay $300 to transfer the lease. I am not happy with the property/unit we were given or the problem.
Is there any way to get out of this lease since it was only signed 1 weeks ago?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The landlord can be guilty of what is commonly called "bait and switch" which is an unfair and deceptive business practice. Furthermore, your lease guarantees you a habitable premises and this is not a habitable premises and as such the landlord is in breach of lease. You need to send the landlord a letter informing him that showing you one unit and renting another is an unfair and deceptive business practice and also they are in breach of lease for not providing a habitable premises and as such you find that they are in breach of the lease and if they do not refund any of your money paid and cancel the lease, you would file a complaint with the Attorney General's Consumer Protection Unit, with the local health and building inspector and also file a civil suit under the unfair and deceptive practices act for triple damages plus attorney's fees.

If the landlord refuses to cancel the lease and refund any money you paid them, then you would file your complaints as stated above and file suit against them in the small claims court for your damages and up to triple damages for unfair and deceptive practices by using bait and switch tactics.

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