What should I do about a lease discrepancy?

Question

I recently moved into a house that I was unable to look at, I trusted that the property manager knew quite a bit about the property he owned. The lease I signed stated that the house was a 4 bedroom 2 bath house. I get there and it turns out it is a 3 bedroom house.

My question is, does this void the lease that I signed seeing as how I agreed to 4 bedrooms and not 3?

Also, I am planning on negotiating with my landlord on the subject, what do you think a fair value is for the missing bedroom. I live in the Midwest so the lease I signed (for 4 bedrooms) was $1,200/month.

Also, the neighborhood is average, it is not super classy, but is not run down and crime filled.

Thanks for any input you may have.

Answer 1

If the lease states that the house has 4 bedrooms and you are only getting a 3 bedroom house then the lease is not valid. How can it be?  It misrepresents what you are paying for.  But if there is a dispute about a den that could be converted into a bedroom then you may have some problems because then the 3 bedroom vs 4 bedrooms could be open to interpretation.

I would try to renegotiate the lease at a reduced rent.

Check the local papers and find out what 3 bedroom houses rent for and what else is included.  Check on line as well.  Or perhaps you can look at the square footage of the place and divide it by the monthly rent figure.  From that determine how much you are paying per square foot, figure out the "value" of one of the bedrooms and subtract that amount from the $1200.

Or if you're not in love with the place just walk away after you get your deposit back.

Answer 2

If it states 4 bedrooms and there isn't 4 bedrooms, then the lease isn't valid.  What does the landlord say.  Was it a mistake or are they counting another room as a bedroom.  For example, in my area, if the basement is finished and there is a room with a full size window, this can be counted as a bedroom.  

Answer 3

If the lease promised a 4 bedroom then my assumption is that it is void. If the landlord is willing to negotiate I would ask for at least $100 off rent.  

Answer 4

Does the lease specifically state that you are renting a 4 bedroom house (as opposed to you just talking about it with the landlord).  If it does then I think you have a valid argument, if not its tougher (since its impossible for you to prove exactly what was said).  I'd go the negotiation route first as you state, and just see how much (if any) he is willing to drop the price.  You may not get much of a drop but even a small drop is money in your pocket (and your case is made no weaker by asking).  

However, if negotiations fail, I suspect your case is strong if the lease specifically states its a 4 bedroom house, but is marginal if not (ie if the bedrooms were only dicussed verbally).

Answer 5

I think three bedrooms completely voids the contract if the contract sais is a 4 bedroom. Now, you know you should have looked at the property before signing a contract.  You should find legal assistance just in case the landlord wants to sue you.  For the fair market price go online to http://www.craigslist.org and find out in your area what is the average 3 bedroom going for.  I do think if you are willing to stay you should pay less since you thought you were getting a 4 bedroom.