My apartment has flooded three times since I moved in to it in March. Not to mention how many possible times it flooded before that. I think there is mold and I think I am allergic. I am having asthma like symptoms, and had to see a doctor about it the same week that we moved in. I have to use an inhaler every night.
Anyway, I am wondering if I should have an inspection done on the apartment and if I can break the lease or anything like that if there is mold and I am allergic to it. I also have a 15 months old and am 20 weeks pregnant. Can I break my lease? Anyone experience anything like this or know anything about breaking leases?
2007-08-07 07:31:29 · 5 answers · asked by Jess 5 in Business & Finance ➔ Renting & Real Estate
Call the county building inspector and explain the problem, and they will send someone out to do a mold test.
However, here is the catch: If the inspector finds that there are elevated levels of mold spores and condemn the apartment, you get to break your lease, but must vacate IMMEDIATELY. If he condemns it, that means it is unsafe for human habitation and that is what he is legally bound by.
Just so you know what happens. Yes, you are under no obligation to stay in a place that constantly floods.
The legal term is "constructive eviction".
PS: You need to find another place for your 15 -month-old to stay for awhile....black mold takes weeks to set up in a child's lungs, and can cause respiratory bleeding and death. If you are experiencing symptoms...imagine what your 15-month-old is going through?
2007-08-07 07:56:02 · answer #1 · answered by Expert8675309 7 · 1⤊ 0⤋
Call the development department in your city; I'm sure that a dry basement is a requirement wherever you live.
Call you landlord and inquire about breaking the lease, explain your difficulties and mention you inquired about this with the city. If she's unable or unwilling to break the lease have a city inspector come in and look at your wet basement and mold issues. They'll issue a order to remedy and either the landlord will need you out to fix it or she'll be so mad she'll be willing to let you leave or will fix the problem with you there. Good luck.
2007-08-07 07:48:55 · answer #2 · answered by Anonymous · 1⤊ 1⤋
Have you contacted the landlord/management with your concerns ? If there is mold, they should be prepared to have it inspected and remediated.
Don't consider attempting to break your lease until you've performed the appropriate steps in bringing this to their attention. If you simply attempt to leave, they will most probably sue you (successfully) for breaching your lease agreement.
2007-08-07 07:43:24 · answer #3 · answered by acermill 7 · 3⤊ 0⤋
Contact the landlord, alert them to the problem. Write them a letter with a retun receipt stating the problem - that way they can't deny that you notified them. Have your doctor write a letter....and contact an attorney immediately - if not for your sake - but for your 15 month old, and your unborn child. Mold is not something to mess around with!
2007-08-07 07:46:44 · answer #4 · answered by Anonymous · 2⤊ 1⤋
ACER is correct..."good call Acer"
do not move directly to legal action when you have not even spoken to the landlord or property manager.
good luck :)
2007-08-07 07:50:11 · answer #5 · answered by Blue October 6 · 1⤊ 1⤋