Real Estate Law
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Good afternoon. Regardless of what she told you, that's not the way the law works. If when you do get to inspect the place, you would have grounds to rescind or break the lease (and receive all your money back) 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. A valid rescission will terminate your obligations under the contract. You would need to set forth the grounds in a written notice of rescission to the landlord and return the keys as soon as possible. If your money is not refunded voluntarily, you could file suit against the landlord. And, in that case, you would want to let the landlord know that if you are forced to file this suit, you will be asking not only for the refund of your money, but also punitive damages for withholding what is due you in bad faith. And, that if she files any negative report against you, you will be adding a cause of action for defamation.
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