Legal Question in Real Estate Law in Maryland
Breaking a lease signed less than 24hrs ago due to inaccurate floorplan
Hello
I just signed a lease yesterday and have not moved in yet nor took ownership of the keys. While taking some measurements it came to my knowledge that the floorplan I was given is completely inaccurate (with most rooms measuring 1 ft less than stated in at least one direction). There is mention of measurements being approximate on the floorplan (which I understood to mean inches not feet). My question is 1) can I break the lease under the context I was operating under false info when I signed it (I measured the apt after signing) 2) does a 'waiting period' exist (and if so, how long) where one can change one's mind after signing a lease?
Thank you,
Michelle--name removed--
2 Answers from Attorneys
Re: Breaking a lease signed less than 24hrs ago due to inaccurate floorplan
In signing a lease, a person makes a binding agreement under both contract principals and principals of real property law. From both perspectives, if the property description is not accurate, that would provide an ARGUMENT to claim that the landlord had breached the lease by failing to deliver the described premises.
There would also be other arguments to present. For example, an inaccurate floor plan might constitute false and misleading advertising, under the Maryland Consumer Protection Act.
There are probably other arugments as well. On the other hand, these are all just arguments. Moreover, the landlord may have arguments as well -- for example, if a person in this circumstance actually viewed the apartment beforehand, it could be difficult to say that he/she was mislead as the size of the apartment (unless perhaps there are particular pieces of furniture that now won't fit or something???)
In the end, the sensible thing for a person in this situation would be to decide if the errors in the printed floor plan mean that he/she doesn't want the apartment. If so, it would make sense to go quickly to the landlord and see if the deal can be undone. If the landlord refuses, then all of the above may come into play. If the landlord is reasonable, then the deal is over and none of the above will matter.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
Re: Breaking a lease signed less than 24hrs ago due to inaccurate floorplan
It's doubtful that a one foot deviation from the floorplan would constitute a reason significantly material to allow you to disown your obligations under this lease.
You may have other reasons for wanting to get out of this lease.
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