How do I get out of my lease if my apartment has mold issue but my landlord failed to inform me prior to my moving in?
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How do I get out of my lease if my apartment has mold issue but my landlord failed to inform me prior to my moving in?
I signed my lease and moved into my apartment with no knowledge of a mold problem. I have a 2 year old daughter and I informed the property manager when she came to do my 90 day inspection. Fully 4 out of 5 of the apartment complexes have the issue. When I first moved in I found a dehumidifier and wasn’t sure what it was for but it looks like it is there attempt to fix the issue.
Asked on April 18, 2012 under Real Estate Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease there is an implied warranty of habitability, which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time by making the necessary repairs, the tenant has the following options: The tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. The mold is a health and safety issue which constitutes a breach of the implied warranty of habitability. You could also contact the local housing code inspector, who could bring an enforcement action against the landlord for failure to get rid of the mold.
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