Real Estate Law
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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Was there ever anything in writing about them agreeing to release you after some period of time?
Ok, thank you for that information. Unfortunately, if this wasn't included in writing in the lease, then their verbal promises wouldn't be legally binding under a legal doctrine called the "Four Corners Doctrine" which basically says that the entire contract and all its terms are contained within the "four corners" of the written document.
So if they didn't write it on the lease itself, it wouldn't be enforceable.
You could try to sue them in small claims court based on an equitable doctrine called "equitable estoppel" and claim that the only reason that you signed the lease was based on their promise that you could be later removed. The problem here is that if they say that they never said that they would release you, but that they would "try", then a judge is probably going to rule in their favor.
I am very 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 based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
Yes, I realize that it is frustrating when a shady leasing agent won't stand behind their promises. If you and daughter were both witnesses to these promises, a judge might rule in your favor and from a different angle.... just by filing the suit you may get them to release you so they dont' have to go pay an attorney a couple thousand to represent the company in court in the lawsuit.. So you may leverage them into releasing you without ever having to go to court.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...