I just signed a lease today, then I discovered tons of mold growing under the sink, I live in Indiana, paid a deposit, can I back out now?
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I just signed a lease today, then I discovered tons of mold growing under the sink, I live in Indiana, paid a deposit, can I back out now?
Asked on June 27, 2009 under Real Estate Law, Indiana
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am a lawyer in CT and practice in this area of the law. I suggest taking pictures or having the landlord come over to clean it as you probably wont be able to get the deposit back now that you signed the lease and moved in unless the landlord breached the lease. The landlord could be said to have breached the lease by not providing you with sanitary housing in violation of a building code or whatever, but i would need to see the apartment. Mold itself, unless violaing a code can be cleaned/remediated. I suggest asking the landlord to clean as unless you are willing to move and leave the state and do not care is a judgment enters against you for back rent. Try to work it out before you go to battle and claim that you are leaving as a result of unsanitary conditions that you discovered (i.e. latent defects in the premises).
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