Is it legal for my apartment complex to charge me a fee to break my lease if the apartment isn’t liveable?

UPDATED: Sep 9, 2012

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Is it legal for my apartment complex to charge me a fee to break my lease if the apartment isn’t liveable?

I found mold growing in my air conditioner unit. I notified my apartment complex about the issue. They let maintenance clean the area and now I can’t breathe in my apartment. I have not lived there in over a week. I told the apartment manager about it and they said they aren’t going to do anything else.

Asked on September 9, 2012 under Real Estate Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is legal for the apartment complex to hold you to your lease absent an agreement otherwise or a court order declaring it void.  You need to go to court to ask the court to void your lease due to the breach of the warranty of habitability.  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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