Reason enough to break lease?

Question

I am a first time renter with my fiancee and as of today we have lived in our apartment 6 months. We have a year lease but want and need out now! I have developed allergies to the house due to dust and mold I now have to take allergie pills everyday and I am still stuffed up! Also when we moved in they said the house was prof. cleaned but there was inch thick dust everywhere and blood in the tub! we have a pillbug and spider problem (on average I kill 2 spiders and 7 pillbugs a day) we also have a mouse problem. We caught 6 in one night! The floor is uneven, and there are a lot of leaks. The pipes froze during the winter and we found out it was because the owner didnt insulate the pipes! But we got blamed because we didnt keep our store room door open where the pipes are (too keep them warm) Everytime we call our landlords we can never get a hold of them and even when we do they are SO rude and mean. We pay our rent on time and are quiet and clean. Can we break the lease?

we do have video of the day we moved in, of the blood and dust.

By the way I live in Minnesota....also, I can get the doctor so write a letter to the landlord about my allergies

Answer 1

A letter from your Doctor stating that staying in the apartment is only going to worsen your health due to the problems you are presently having, will easily relieve you from the lease.

Answer 2

1. The video evidence of the dirty condition at move-in could get you off the hook for any cleaning charges upon move-out, but that's about it. Bear in mind that it doesn't provide proof of the date that the video was recorded since you can set any date you want on the recorder. You SHOULD have rejected the unit, or at least did a joint inspection with the landlord at move-in.

2. Mold, bugs and mice: As long as you are not part of the cause, this is a potential problem for the landlord and maybe reasonable grounds for breaking the lease. However, you MUST give the landlord a reasonable opportunity to remedy the situation. Virtually all leases require WRITTEN notification of required repairs or infestation. Send your letter by Certified Mail, Return Receipt Requested to prove that you notified the landlord.

3. Broken pipes: If your lease or the "house rules" require you to leave the store room door open in sub-freezing weather you MIGHT have some responsibility there but that's weak. A prudent property owner will ensure that the property is properly protected against freeze damage.

4. Uneven floors: Unless the floors are collapsing, this is cosmetic and not cause to break the lease.

Some states allow "repair and deduct" if the landlord doesn't take reasonable action to correct deficiencies that render the property unsafe or unfit for human habitation. Check your state law to see if your state offers this protection. Other states require you to deposit the rent with the court until the landlord makes needed repairs and may allow the deposited funds to be use for repairs if the landlord fails to act. And other states provide no direct protection, you have to sue for specific performance (the repairs) or for refund of your money spent to make the repairs. Again, check your state's laws to make sure you don't leave yourself open to eviction.

If you are going to attempt to break the lease, you'll need to document the actions you have taken and the landlord's failure to act. Copies of the written notifications and the return receipts for the letters will help you to build your case. Keep a detailed diary of any verbal interchanges you have -- exact time and date, who said what, attitude, etc. If you are sued for breaking the lease (or have to sue to recover your deposit) this will help your case immeasurably. In actions such as these in court, he who has the best records usually wins.

Good luck.

Answer 3

You seem to have some good reasons, but to break a lease you have to prove everything you say, otherwise the landlord will be able to claim the rent in lieu of the notice you should have given.

Get signed evidence form your doctor and any witnesses, photographs, etc and go to Citizens Advice or lawyer. Do what they say.

I think what you can do is to give written notice to the landlord to put things right (keep a photocopy) and tell him you are withholding the rent until they are done. But as I said, confirm it with CA.

Answer 4

Best advice that I can give you is to consult an attorney on this matter. Or at least legal aid. Many attorneys will give a free consultation.

Depending on the state you are living in, there are such things as "Renter's Rights". If the place is making you physically ill and is unsafe to live in due to infestation, it is gross neglect on the part of the landlord/owner.

Answer 5

I would definately think so. If I were you I would get a physicians statement of your allergy problems, then go to the renting office. If they give you a hard time, I would get an attorney. Find out who the owner of the apartment complex is too, and write to them as well. No one should ahve to live in conditions like the ones you have descibed, that's just nasty.

Answer 6

If there is a health reason ,you approach your landlord about the problem.If he is reasonable ,he will let you go.If not,you contact the health department about the mold.Some mold spores can be lethal.