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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Lease Changes After Application Accepted

    My question involves landlord-tenant law in the State of: Texas

    I recently visited an apartment complex and they showed me a sample apartment which included newly upgraded kitchen appliances, a new granite countertop, and wooden flooring. I filled out a "Pre-Lease Application" which the apartment complex used to check my eligibility. I put down an application deposit as well. They called me back the next day and told me that I had been accepted and would sign a contract once we got closer to the move in date.

    However, after I had been accepted, one of the leasing agents called me and said the apartment won't be upgraded to include the new appliances, granite countertop, or wooden floors. Instead it will have old appliances, laminate countertop, and carpeting. They offered to reduce my monthly rent to compensate. However, I'm trying to figure out if I can enforce the original promise of the upgrades.

    I'm in law school now, and I know Texas has the Deceptive Trade Practices Act, which can forbid a seller from making false or misleading representations about the quality of a product, but I'm not sure if it applies in this case because we hadn't yet signed an official contract. Also, I'm not sure if the UCC controls if we haven't signed the final contract.

    Please let me know if you have any ideas. Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lease Changes After Application Accepted

    The unavailability of the unit you thought you were going to rent doesn't of itself indicate fraud or deception. Sometimes the availability of units changes (e.g., the former tenant renews and stays instead of vacating), the financial circumstances change such that a remodeling plan is placed on hold, or renovations go more slowly than anticipated.

    The UCC doesn't apply to residential leases.

    What are your damages?

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