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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have signed a 1 year lease on an apartment unit but I have

Customer Question

I have signed a 1 year lease on an apartment unit but I have discovered that it has black mould growing in the bathroom so I put in my notice to vacate. Do I have legal grounds to leave and break my lease early
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Thank you for requesting me. Just discovering the mold does not give you grounds for breaking the lease. Rather, you have to give the landlord notice in writing of the problem and give the landlord the opportunity to rectify it. If the landlord refuses to do so then you may have grounds for seeking to have the lease set aside. But just seeing the mold and deciding to leave is going to leave you vulnerable to a lawsuit unfortunately. At the same time the landlord has a duty to mitigate damages and so has to take all reasonable steps to find a new tenant and when he/she does you will be off the hook and only owe the landlord what damages were incurred.

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