Legal Question in Business Law in Texas

False Advertising - Tenant Rights

Recently my roommates and I signed a lease for an apartment. The lease they gave us had an animal policy that stated, ''Animals, are prohibited in the apartment community unless the Owner, the Resident, and all Roomates execute Owner's standard form animal addendum.'' Before signing the lease, my roommates had asked if we would be allowed to have animals and their response was ''Yes.'' The flyers and paperwork they handed us said the same thing. Just a few days ago, we went to pick up a dog from The Humane Society. When they called our ''community manager'' he told her that they did not allow pets. We went to their office to ask them about it and the lady we talked to said, ''I have trained all my employees to say that animals were not allowed. You just must not have heard.'' I find it unlikely that four different people neglected to hear that. We know we can't legally break the lease because part of the lease states that ''Neither Owner nor any of the Owner's representatives have made any oral promises, representations, or agreements.'' Is there a way that we could sue for false advertising? Or at least force them to allow us to break the contract with us, so that we can move into a different apartment?


Asked on 4/28/05, 5:44 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: False Advertising - Tenant Rights

Possibly, but you'll need an attorney. When you were told that you could keep a pet, even though you signed a lease waiving oral promises, you may be able to prove fraud in the inducement. That will void the lease.

The attorney would have to file an action for declaratory judgment. But be advised, if you lose, you may have to pay the apartment complex's attorney fees as well as your attorney's fee.

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Answered on 4/28/05, 5:58 pm


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