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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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When i moved to austin, I had to move sight unseen as I lived

Customer Question

when i moved to austin, I had to move sight unseen as I lived in San Antonio. The apt managers here told me there were no steps and they knew I needed to live on the first floor because I was disabled. There are 3 steps that you have to go over to get into my apt, one up and two down, which are very difficult to navigate with a cane and it is very scary for me. Also there are 18-20 steps to the pool which I will not be able to use at all. I want to move to a more disabillity access apt where there are no steps to my apt. Can i leave with out being charged penalties
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
You have a reasonable claim for "fraud in the inducement" (the manager made an intentional misstatement of material fact, which you relied on in entering the contract). This would make the contract "voidable" (so you, as the injured party, can choose to enforce or terminate the contract at your discretion).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.Do not just move out though, make sure you have a written agreement with the landlord before leaving. If you simply leave without an agreement, the landlord is likely to sue you for breach of your lease contract, and while you have a good defense to such a suit, it will still appear as a breach of lease lawsuit, and it will make it more difficult to lease in the future - so make sure to either get a resolution with your landlord up front, or sue your landlord for fraud and breach of contract yourself so that you are the party asserting the affirmative claims as the plaintiff.

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