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My apt has mold, they will not move nor did they proper

Customer Question
remediation for mold. I just...
My apt has mold, they will not move nor did they proper remediation for mold. I just received an email that I was released from my lease. What does that mean for me? How long do I have before being forced to move?
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 7 minutes by:
3/1/2016
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,027
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

I just received an email that I was released from my lease. What does that mean for me?

.

Basically that means that if you were under a fixed term lease, then they are willing to let you out of any further obligation under that lease so you could move elsewhere.

.

How long do I have before being forced to move?

.

That is entirely up to you. If they have released you, then you are legally month to month now and you can terminate with a 30 day notice if you wanted to.

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However, you don't have to accept the release if you don't want to and can call the local Code Enforcement or Housing Inspector to come out and inspect. If the mold is bad, they can declare the apt uninhabitable and the landlord would be forced to move you elsewhere at their expense until they make repairs.

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So they know that you can force them to make repairs and they are trying to get to you move elsewhere without you forcing them to do so.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer reply replied 2 years ago
do I have to pay the rent for this comming month? If I don't pay considering I am being forced out because they're unwilling to do proper remediation, can they lock me out? Do I have to inform them of a move out date? My health has been affected by the mold and I have doctors notes on this. Also they did a mold test on the apt but they re unwilling to give me the results
Customer reply replied 2 years ago
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Lawyer: barristerinky, Attorney replied 2 years ago

So do I have to pay the rent for this comming month?

.

If you don't pay the rent, then they could file a formal eviction action to evict you after giving you a written notice to pay or vacate. You never get free rent. If you wanted to force them to move you to a new dwelling temporarily while they fix yours, then you have to pay rent because the contract says that a tenant will pay the rent and a landlord will provide a habitable dwelling.

.

If I don't pay considering I am being forced out because they're unwilling to do proper remediation, can they lock me out?

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No, they have to first give you a written notice to pay rent or vacate. Then they have to go through a formal eviction in court to force to you move if you didn't pay the rent.

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Do I have to inform them of a move out date?

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Only if you are going to take them up on their offer to release you from the lease.

.

.

thanks

Barrister

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