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Besides being upset about being misled, both my children suffer Asthma. When we moved to this city my son's asthma got worse requiring he be put on daily medicine. My daughter who was asthma free has now been diagnosed with asthma. We want to move back to our old city because this wasn't an issue before, will I be able to get out of my lease?

2007-05-18 09:24:15 · 6 answers · asked by Melanie M 1 in Business & Finance Renting & Real Estate

6 answers

You probably can't get out of your lease, unless your landlord is neglecting the property in a way that makes it unhealthful to live there. You should check with your local city hall (or other housing authority) to determine what rights you have as a tenant.

Your landlord has the obligation to provide a home that is free from hazards -- for example, vermin like mice and cockroaches, leaks that may result in growing mold, certain chemicals and fumes. All of these things are known to exacerbate asthma and also are generally recognized as hazardous unacceptable in rental property.

Of course, you might still not be able to get out of your lease. If you find a hazard, your landlord is obligated to fix it. If you end up going to court, you'd have to prove to the judge that the landlord was negligent.

Again, check with your city hall or other housing advocacy agency. There are plenty of places that help tenants know their rights. But in the end, if you're stuck with your lease, you might need to negotiate to get out of it. Perhaps your landlord will accept a cancellation payment or be willing to help you find someone to take your place.

Finally, seek medical advice about your kids' asthma. You haven't mentioned your son and daughters' asthma triggers... do you know what they are? Obviously, there are many factors that can cause asthma. The American Lung Association is careful about recommending that people move, mostly because the cause might not be the actual city itself. Is it pollen? Smog? Dust? Mold? Other changes in lifestyle? If you know your triggers you'll be able to figure out whether it is the city or some other reason.

2007-05-20 22:45:53 · answer #1 · answered by Knox 2 · 0 0

Asthma is an allergy and is triggered by something. The best non medication treatment for asthma is learning your triggers and avoiding them. Common triggers are smoke, dust, mold, mildew, plants, dust mites, pets and grass/weeds.

If you can not figure our your triggers, you may need to see an allergist and have allergy screening done. This may point out your triggers.

The National Asthma Prevention Program and the Expert Panel of Diagnosis and Management of Asthma both agree if you have to use a prescription inhaler such as albuterol more then two time per week, your asthma is NOT in control and you will need a prescription controller medication.

Controller medications are steroids (Asthmacort Asthmanex, Flovent, Pulmocort), Leukotriene modifier (Singulair, Aculade, Zyflo) or mast cell stabilizers (Cromolyn sodium, Intal, Tilade).

You may want to talk to your doctor about several strong controller medications and maybe Xolair shots.

If you want a proven, all-natural way to cure your asthma, without having to pay for useless medications with harmful side-effects, then this is the most important page you'll ever read.

2016-05-14 16:38:39 · answer #2 · answered by Anonymous · 0 0

You will need absolute proof that the city has caused asthma to your children. Is it from dust? smog? pollen? or mold? I would get in touch with a very good asthma specialist and then talk to whomever holds your lease.

If all fails, get a lawyer

2007-05-18 09:31:02 · answer #3 · answered by lesley_shell 2 · 0 0

Generally, no, unless your lease should provide for such a scenario. (Highly doubtful)

A lease is a binding contract between you and your landlord, and is enforceable by him/her unless you have an exclusion included.

You may explain your situation and perhaps the landlord will work with you, but do expect, at a minimum, to pay the monthly rents until it is re-rented, plus any expenses he incurs with you breaking your lease. That would include cleaning the premises, advertising, fees for showings, and so forth.

2007-05-18 09:31:09 · answer #4 · answered by acermill 7 · 0 0

If you can prove that the medical condition has progressed since you moved into the apartment. You can give your 30 day notice and ask about a reletting fee, but if you have medical documentation they will possibly waive it for you. As long as the dates for the meds and the doctors visits are after your move in date, you should be ok. If they won't work with you, then you have legal grounds.

2007-05-18 09:36:34 · answer #5 · answered by Nikki J 2 · 0 0

If you can show the housing is contributing to the exacerbation
you can see. Are there bugs or vermin? It has been proven both contribute to asthma in children.

2007-05-18 09:29:24 · answer #6 · answered by professorc 7 · 0 0

You can probably pay to break your lease.

2007-05-18 09:32:59 · answer #7 · answered by Anonymous · 0 0

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