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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54834
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My daughter and her boyfriend signed a lease this past

Customer Question

Jane. My daughter and her boyfriend signed a lease this past Friday afternoon. When I saw the apartment in the evening, I knew that it was in an extremely unsafe area and they never took occupancy. There is NO security in this tenement building, they were told about a parking fee AFTER they signed the lease, they were never given a copy of the lease and we saw a drug deal going on in the hallway. Do we have recourse?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon Holly. My name is ***** ***** I look forward to helping you.

Yes, you do have recourse. They do have a right to terminate and receive all their money back. They have grounds to rescind or break the lease based on one or more of the following: i) the property was not acceptable; for example, if the property was misrepresented as being something it is not or having something it does not have, you may declare a rescission of the contract; and/or ii) if the property had significant defects or other problems, you may also declare a rescission. This situation essentially satisfies both these elements. A valid rescission will terminate their obligations under the contract. They will need to set forth the grounds in a written notice of rescission to the landlord and return the keys as soon as possible. If their money is not refunded voluntarily, they should file suit against the landlord. They will want to let the landlord know that if they are forced to file this suit, they will be asking not only for the refund of their money, but also punitive damages for withholding what is due them in bad faith. And, that if he files any negative report against them, they will be adding a cause of action for defamation.

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