How can I get out of a lease due to health problems that have develop because of the unit?

UPDATED: Sep 13, 2011

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How can I get out of a lease due to health problems that have develop because of the unit?

Whenever I am in my apartment, I develop heavy chest pains and have a hard time breathing. I had to go to the Emergency Room because the pain in my chest was so bad. When I sleep in the unit, I wake up in the middle of the night gasping for breath and wheezing. I have been diagnosed with asthma due to the living conditions. Also, my rental unit is extremely damp and moist. The air is very thick and damp. I have sent many notices to leasing company and no one has responded to me. I cannot live in the apartment and I need to be released from my contract. How can I do this?

Asked on September 13, 2011 under Real Estate Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to carefully read your written lease in that its terms and conditions set forth the obligations owed to you by the landlord and vice versa over the rental in the absence of conflicting state law assuming you have a written lease. In it there may be provisions allowing for the early termination of your lease that may assist you in what you desire.

Unless you can demonstrate that the unit that you are living in has serious issues concerning safety or habitability warranting it unfit for human habitation, you seeminly will be unable to terminate your lease with your landlord early. One way to establish unsafe conditions concerning your unit is to have the local health department inspect it to determine if there is anything wrong with it making it unsafe or uninhabitable. If so, then a report will be made and you can use it to try and get out of your lease.

Another option is simply ask your landlord if he or she will end the lease early due to your health issues.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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