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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I rented an apartment in CA and after 2 weeks had exacerbation

Customer Question

I rented an apartment in CA and after 2 weeks had exacerbation of asthma and autoimmune disease. I provided medical letter stating need to be out of lease because of mold and mildew in apartment with no ventilation in bathroom. My landlord is demanding another months rent after moving out 2 weeks ago. Do I have to pay the next months rent? From what I've read on California Act 1942 or the health and safety code 26147 I have the right to leave the apartment without notice and they are trying to keep my security deposit with only living in the unit for 2 weeks.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, if the unit is 'uninhabitable' and hazardous due to mold and other factors, you do have a right to walk away from the lease and demand a full refund of your deposit. If the landlord fails to provide it, you can threaten (and then go ) to file in court for breach of duty, and request punitive damages for improper withholding of your deposit. You can seek up to 3 times the value of the improperly withheld amount.
Sincerely,
Dimitry, Esq.

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