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Question

There is mold in my apartment and I am severely allergic to mold. I have moved out since Dec 26 but I am still paying rent. My lease ends in march can i do a breach of contract? They are not doing anything about this problem.

Submitted: 294 days and 2 hours ago.

Category: Real Estate Law

Value: $20

Status: AWAITING CUSTOMER ACTION

Apex, North Carolina

Already Tried:
The management property people keep quitting and we keep getting someone new. I have complained about the mold but nothing gets done about it. So I've had to move out!

Answer

It sounds like a constructive eviction.
http://www.nolo.com/definition.cfm/Term/458FB18C-EC71-46F1-AAC9A2B083302857/alpha/C/ states:
constructive eviction:

When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.

You can send a letter stating you have terminated the rental agreement because the property is uninhabitable and unsafe because the landlord refused to remedy the mold problems.

This is not an unusual problem, see http://www.nolo.com/article.cfm/ObjectID/EA622BFF-F705-402C-B4839B86164DDD28/catID/458FCF42-D150-4F2D-A25D38F73C8EEA6B/104/138/160/ART/

I hope this information is helpful.

Accepts:
Expert:	N Cal Attorney
Pos. Feedback:	99.3 %
Answered:	2/1/2009

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Real Estate Law

Have your own Real Estate Law question?

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There is mold in my apartment and I am severely allergic to mold. I have moved out since Dec 26 but I am still paying rent. My lease ends in march can i do a breach of contract? They are not doing anything about this problem.

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Apex, North Carolina Already Tried: The management property people keep quitting and we keep getting someone new. I have complained about the mold but nothing gets done about it. So I've had to move out!

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Apex, North Carolina

Already Tried:
The management property people keep quitting and we keep getting someone new. I have complained about the mold but nothing gets done about it. So I've had to move out!