McCLAIN v. OCTAGONPLAZA PART I
Lease provision asserting "any statement of size" in the lease or used to calculate rent "is an approximation which the Parties agree is reasonable and any payments based thereon are not subject to revision whether or not the actual size is more or less" did not insulate defendant landlords from liability for fraud or establish that plaintiff tenant's reliance on defendants' alleged misrepresentations with regard to size of unit was unjustifiable as a matter of law. Alleged misrepresentations during negotiation of lease did not constitute a breach of covenant of good faith and fair dealing. Defendants did not violate plaintiff's rights under Consumer Credit Reporting Agencies Act by obtaining plaintiff's credit report where lease identified tenant as a commercial enterprise, and defendants obtained credit report to determine whether plaintiff could meet her financial obligations under the lease.
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