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RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 13894
Experience:  Experienced in multiple areas of the law.
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I have an allergy to something in the house I just moved

Customer Question

I have an allergy to something in the house I just moved into. I think it might be dust mites.
I am not able to breath and must move out. What action can I take to break lease?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I live in Texas. I am a senior.
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to assisting you.

Generally, allergies (even severe allergies) would not be grounds to terminate a lease. In these situations, I would normally suggest speaking with your landlord and seeking if anything can be worked out. Perhaps if you brought them a replacement tenant so they would not lose much in terms of rent it would help in allowing you to leave and negate any penalties. Legally speaking, however, assuming your lease says what you say it says, and it does not otherwise contain an out for you (which is possible but I doubt), then no, you are most likely stuck. If the landlord has done nothing wrong, and you break the lease for any reason except that the landlord did something wrong, you are normally on the hook for the lease and can be sued for breach if you leave. I am not aware of any state that allows a tenant to terminate a lease due to allergens.

Alternatively, you can contact the Department of Health in your area. If the home is found to be uninhabitable due to allergens, you certainly have a legal argument that you should be released from your lease.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you!

Expert:  RobertJDFL replied 1 year ago.

Was there anything you needed me to clarify or additional information you needed about my answer?