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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19131
Experience:  B.A.; M.B.A.; J.D.
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How can I get out of this new lease? I just leased a condo

Customer Question

How can I get out of this new lease? I just leased a condo in Clearwater Florida and moved in this past weekend. Once there I discovered that the AC did not work...which in a sick way was a blessing...because it reviled the nicotine contamination of the whole condo. It is a sick unit, the nicotine is every where. It burns my eyes, skin and lungs. Just being in there I smell like I have been smoking all of my life and I don't smoke. Please tell me what I can do. I am 69 years old.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am in Clearwater,
JA: Has anything been filed or reported?
Customer: I sent an email to the Area Director...Jessie Darkes of Rent It Network yesterday explaining my situation...I have not gotten a response.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I got out of the VA hospital a few weeks ago with heart and respiratory problems.
Submitted: 9 months ago.
Category: Legal
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

I am so sorry to read about your difficulties.

First and foremost, you should move out immediately for your own safety.

Then send a written notice of termination of the lease and return of any deposit that you paid because of the stench of nicotine and the adverse effects on your fragile health. You can also include the non-working AC. However, the nicotine issue is a deal breaker because it cannot be fixed. The smell would be there and it is quite hazardous for anyone especially for someone with heart and respiratory problems.

The lease was breached first by the Landlord not making sure that the Unit is not contaminated, and due to the non-working AC. So, the first breach by the Landlord releases you from further obligation under the lease. However, if the Landlord sues you for the alleged termination of the lease, you can respond to the suit by showing that the Unit was contaminated and the nonworking AC--that the Unit was not in move-in condition when you arrived. The most important thing is that it would be prudent for you to vacate the premises immediately.

Best wishes,