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can we brake our lease due to black mold considering we have…

Customer Question
can we brake our lease...
can we brake our lease due to black mold considering we have a child with breathing issues already
Submitted: 8 years ago.Category: Legal
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Answered in 4 minutes by:
6/24/2010
Lawyer: Andrea, Esq., Attorney replied 8 years ago
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Thank you for your question

 

You can tell your landlord he has breached the implied warranty of habitability and move out, but only after you give him written notice of the mold and a demand to correct the problem. Tell the landlord in writing that Since this is a health hazard, time is of the essence and he must correct the problem within 5 days from the date of your letter. If he does not correct the problem, then give him notice that he has breached the lease and you will not subject yourself or your family to such a serious health hazard and he has forced you to vacate the property and that you expect the return of your security deposit in full.

 

__________________________________________________

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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Customer reply replied 8 years ago
if we had already told them we was breaking the lease and they are already aware of the mold issue (just not the extent of it) (we had a company come out and he said it was healthy for anyone to be there) and choose not to fix it can we still break lease and not be held responsible for termination fees
Lawyer: Andrea, Esq., Attorney replied 8 years ago
Let me see if I understand you correctly. A company came out, examined the mold and said it was "healthy", in other words, not a health hazard ?
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Customer reply replied 8 years ago
no sorry type error its not theres black mold consuming the wall which owner has seen with there eyes and the company that is in charge we gave pics to. an air quality company came out and said the whole bottom of house is consumed in mold and needs to be relpaced and 2 ft up wall
Lawyer: Andrea, Esq., Attorney replied 8 years ago

I am trying to tell you that if you want to protect yourself and prevent the loandlord from suing you for the rent for the balance of the lease term when you move, you must put everything in writing and show that you are being reasonable. It is not enough to say, "Well, I told the landlord and he saw it with his own eyes" -

 

Please do what I outline in my Answer, above.

 

______________________________________________________

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

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