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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24556
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Hi I had to break my lease due to a new job out of state, and

Resolved Question:

Hi I had to break my lease due to a new job out of state, and now being charged a lot of dollars..(2 months worth of rent) Please see below:
Since you have given your 60 days Notice to Vacate today, you have to pay rent through June 3, 2013.

Rent from May 1st through June 3rd is $985.00, plus $98.50. Total of $1083.50.

The lease break fee is 2 times the monthly rate. In your case, it will be $985.00 times 2. Total of $1970.00

In August of last year the upstairs neighbor had a leaking washer and water went down between the walls and caused some wet areas in my place (I live below this neighbor)

A few days later I noticed dark sports on the wall and called the management to take a look at it . They said it was not mold but it sure looked like it. They cleaned it and it did not return. Today I am getting ready to move out and cleaned out a closet in the bathroom and noticed the same discoloration as before. I took pictures and it sure does look like mold. (It causes light headiness and it hurts my throat).

Could this be ground to not pay my lease break/get out of paying so much money?
What should the next steps be?

Thank you XXXXX
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I hate to give bad news, so please don't shoot the messenger. In a situation like this, it is very unlikely that you would be able to get out of paying the early termination fee. If you were doing so because of the mold or whatever it is, had it tested, and it came back as having such high levels as to make the unit uninhabitable, that would be one thing. But you are terminating due to a new job, not due to the mold.
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With that said, you could have it tested by a mold remediation company and see if they could give you a report that said the mold levels were dangerous to your health. Then you could use that to defend against any lawsuit the landlord may file if you don't pay the fee. But realistically, a judge would probably look at the case and say that you were breaching for the job and were just looking for a reason to get out of paying. Judges are pretty smart about things like this and it is hard to fool them.
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Thanks.

Barrister

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Barrister, Attorney
Category: Legal
Satisfied Customers: 24556
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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