The following has happened:
1. 6 month ago I used a broker to find me and my husband an apartment in Boston MA. We were living in Europe at that time so had to trust all information/details provided by the broker. After thoroughly stating all our needs/demands, the broker found us the prefect place. She filmed the apartment in detail and emailed it to us.
2. The broker wrote in an email dated 07/30/2015, and I quote, that there were "2 identical units, in the exact same spot overlooking the exact same street, just 3 floors apart". Only difference was that the 7th floor unit was a little more expensive. As my husband and I believed the 7th (vs. 4th) floor apartment would give even more light to the place, we chose to move forward with the pricier one.
3. We received a leasing agreement for apartment "#733" in end of August 2015 and signed it. We signed it based on the film we'd seen and the promise of this unit being identical but higher up in the building. We were in Europe at the time and had no possibility to physically check that #733 was in fact the apt number of the "identical" unit. We had to trust the information provided by al parties involved.
4. We began paying a monthly rent of 3770 dollars 09/01/2015, to lock down the unit even though we weren't ready to move yet. Six months and 22,620 dollars later we finally arrived in Boston.
5. Entering our new home, we immediately realized that it was in fact not at all the same apartment. This one was located on the opposite side of the building, surrounded by close buildings with all windows facing brick wall and NOT the main street, as shown in the film. The floor plan might be same, even though reversed, but there is no light and absolutely no view whatsoever. The written words by the broker, of which be based our decision, were in fact a total lie.
6. We went straight to our landlord and explained that this is NOT the apartment we agreed to and not an apartment we'd ever pick/lock down, let alone pay a dime for, had we known the truth. The landlord says we can move in to the one we were originally promised 1.5 month from now, when it's finally vacant. This means we'd have to pay another 7,540 dollars for the current apartment we never agreed to, and have no interest even spending a day in. In 1.5 months we have paid 8 months out of a 12 months lease
for a unit we'd never said yes to had we known the real facts.
7. We have been under the full belief that we've paid 6 months rent for the apartment, told to us in writing (prior to signing), located in the north east corner of the 7th floor of the building. We have done so, even though not living there, in order to secure it remained ours when we finally arrived. This specific "7th floor north east corner" apartment has in fact been rented out to another couple throughout this entire period, and will remain so until 04/21/2016.
8. The leasing agreement is for apartment #733, but that was simply an apt number we believed to belong to the "identical" unit as promised. The apartment description, off of which we agreed, was still completely false. My questions are - What legal rights do we have? Have we been paying rent for an apartment already being leased by others?
It's such an awful lot of money we've spent on this apartment, and we are absolutely devastated. We truly appreciate your help!