Legal Question in Real Estate Law in California

Can an apartment complex legally charge you for balcony space? When we moved in we were told that it was 860 sqft, however, one of our neighbors measured it and its really just 580 sqft. When he asked the office they told him that the measurement included the balcony. Can they do this legally or should we ask for a reduction in our rent?

Thank you.


Asked on 3/24/16, 6:37 pm

1 Answer from Attorneys

1. Presumably you saw the apartment before you rented it. You saw how much space it was. You rented what you saw. If you wanted a specific interior square-footage you were free to measure it before signing a rental agreement. You got what you saw at the rate you agreed to pay.

2. Even if you rented sight unseen, you have exclusive use and control over 850 sqft of the building. So there is no misrepresentation. Again, if you wanted 850 sqft of interior space you were free to confirm that all 850 was indoors.

You have no basis for any rent reduction.

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Answered on 3/25/16, 9:04 am


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