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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22691
Experience:  14 years real estate, Realtor. Landlord 24+ years
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My Apartment will cost me $21,420 after my 12 month lease ends. it

Resolved Question:

My Apartment will cost me $21,420 after my 12 month lease ends.
it advertised as having "Ergonomic, very usable, and well thought out kitchen".
I'm very disappointed, that does not include a Garbage Disposal.
Do I have a right to demand a Garbage disposal?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Have you actually signed the lease for the apartment?
.
If so, how far along are you in your lease?
.
Did you have an opportunity to look at it prior to renting it?
.
Was there any type of written or verbal statements in the lease as to what type of appliances or amenities were included with the apartment?
.
.
Thanks
Barrister
Customer: replied 10 months ago.


Yes the lease has been signed. 12 months.


I did look at apartment before renting

Expert:  Barrister replied 10 months ago.
Ok, thank you for that additional information. From a purely legal perspective, when a tenant signs a lease contract, they are agreeing to lease the specified property for the agreed on term in the condtion it is currently in unless there are further written promises in the lease.
.
So when you signed the lease, you agreed to take the place in the condition it currently was in. The landlord only has a duty to provide a "habitable" dwelling that meets all minimum code requirements. But that is about it. If certain amenities were mandatory for you, then that would need to have been discussed prior to you signing the lease. Once you sign the lease, you are legally bound under it and woudn't then have any bargaining power to force them to agree to install a garbage disposal.
.
At this point, there would not be any legal means of forcing them to install one, but they might consider splitting the cost of doing so with you if it is of critical importance to you. Garbage disposals are not particularly expensive and if there is an outlet close, then they aren't very hard to hook up. So it wouldn't be very expensive to have one installed if the landlord agreed.
.

I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.


.
.
Thanks
Barrister
Customer: replied 10 months ago.


In the year 2013 and the advertising, one would assume that would


be included.


There is something to that old adage...I will never assume anything again.


 


Thanks

Expert:  Barrister replied 10 months ago.
Yes, you would think that it would almost be a "standard" option in a dwelling these days..
.
And yes, I agree with you what happens when you "ass u me" anything....
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22691
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 10 other Real Estate Law Specialists are ready to help you

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