QUESTION
Signed an apartment lease in Miami for 12 months. The real estate agents did not disclose that the unit was above a gym that has significant noise
Asked on Jan 23rd, 2024 on Residential Real Estate - Florida
More details to this question:
I signed an apartment lease in Miami for 12 months. The real estate agents did not disclose that the unit was above a gym that has significant noise disturbances, neither in person, in the listing, or the contract. Based on my understanding, this is a violation of the landlords common law duty to disclose material defects. I work from home and the music shakes through my walls all morning, and I can't work effectively. What are my remedies?
1 ANSWER
A party to a contract has a duty to disclose any material fact to the other party when entering into the contract. Since the other party did not disclose to you the existence of a gym located on the floor beneath your unit, That non disclosure would constitute fraud by ommision. Your remedy would be your right to sue him for rescission and be excused from further performance under the agreement.
Answered on Jan 23rd, 2024 at 9:43 AM