Can I get out of my lease because of a moldy basement?

Question

I live on the first floor of a two flat, which is a really old house and the basement is constantly flooding. It's musty in the basement, and I have reasons to believe mold is growing down there. My son was diagnosed as being allergic to mold more than a year ago and in addition to that he has bas asthma. My son has been having chronic asthma attacks for the last couple of years and has recently visited the ER. I am thinking there may be a connection with the basement and his condition. I want to get out of that house as soon as possible to prevent more asthma attacks. I am thinking about leaving as soon as next week. Is this a legitimate excuse to get out of my lease? What should my next step be with the management company?

Answer 1

This can legally get you out of your lease if it is indeed a toxic mold. Many people confuse mildew with mold, and also most mold itself is not dangerous. However some is.

There are home test kits you can buy at your hardware store. Home Depot carries them. You need to test to make the mold real, not just something you are guessing. Since it sounds like you do not see any I am tending to believe you are right, as mold does not grow where there is light. You will need to hunt it down, look behind the washing machine, hot water heater. It will be in moist, dark and warm places. If it is in the walls you will see where the paint bubbles up. The dangerous mold is BIG, so you will find it.

If the mold is not toxic it will NOT be legal grounds to break your lease. Your sons allergies are not covered in a lease agreement.

But, talk to your landlord even if you do not have legal grounds. I would let you out of a lease, I think most would as well.

Answer 2

Contact your landlord with your concerns. As someone posted, there are toxic molds and non-toxic molds as well as mildew which are often confused for each other. Offer to have a mold remediation company test the basement's mold. If it's found to be toxic, then it may be a valid reason to break your lease. If it's not toxic, see if you can make a deal with your landlord (you'll stay until you find a new tenant for him, the landlord will have the basement treated to prevent mold or flooding, etc).

You might also mention that recurring flooding could be doing damage to the structure itself (wood rot, breaking down the cement, etc). It might behoove the landlord to have it looked at just to keep the building safe structurally.

Answer 3

Hell yea...Because you cant sell a house that has mold in it...Its a health hazard...If you continue to breath that stuff it will give both u and ur son breathing problems...and can cause death after a long period of time... You can have the health department or the local government check it out...And if they do find that let your management know. But for real u need to let them know ASAP. They have to either let you out of your lease or give u another apartment. And if the health department inspects it and finds mold u may have a law suit. Because ur child developed breathing conditions due to ur managements bad maintenance. They worst that can happen is they might wanna take u to court. Also make sure if u find mold take pictures of it and document the beginning of ur childs conditions. Look in ur closets and cabinets that u dont use much because mold grows in dark places. It may be behind the walls...But over time if its constantly wet, the mold will grow thru the wood and spread all over your belongings...But yes u can get out of your lease due to the fact that your dwelling is not livable. Oyea u have the right to withhold rent until u go to court and they fix the problem. Look over your lease and look up renters rights for your county. Good luck

Answer 4

First, you need to contact management with your concerns. While you seem convinced that your son's condition is related to the basement, it's entirely possible that it is not. Management should have an assessment done of the mold issue. If such assessment indicates no problems with the basement, you have no basis upon which to terminate the lease.

If management refuses to have an assessment performed, you can do so at your own expense to validate your concerns (or otherwise)

You are putting the cart in front of the horse here.

Answer 5

Asthma can definitely be triggered by mold. Check with your city or county government to find out what the laws are in their area. I would also contact the local health department in your city or county.

Even if there is no local housing code or inspection program, renters may still be able to establish that the unit is uninhabitable without an official government designation.

Answer 6

Ever pay attention of "renter's coverage?" It insures your stuff interior somebody else's domicile. it quite is fairly much less costly, and could are available in accessible approximately now. Your landlord isn't responsible on your stuff. he's responsible for the basement being repaired, if he needs to do it. HIS coverage will pay for that. call the wellness branch and ask to have the basement examined for mildew. If there's a value, talk it over with your landlord. He could desire to pay for it. Landlords hate the wellness branch, using fact HD can great him or say his place is uninhabitable, and then he won't be able to lease it out, until eventually finally he fixes it. If he's familiar with you have contacted the wellness branch, could evict you, so he would not could desire to handle you. Black mildew can KILL you.

Answer 7

I would move out immediately and save your reciepts for the motel room. Try to link your sons sickness to the mold with your doctor, even if it's only a suspicion you should be able to break the lease or at least require the landlord to rectify the problem.

Answer 8

Next step would be to write a formal complaint/ letter to the property management. For legal purposed I would suggest sending it through certified mail and keeping a copy for yourself. Give them a time limit to address the problem and explain the medical reasons for your concern.

If they don;t address the situation, look for another apartment and send another letter to them stating that you are planning on leaving. Just make sure no matter what, you keep a paper trail of all your complaints and communication with the property management, just in case they try to be d!cks and pursue you in court for breaking a lease. The paper trail should be enough to legally free you of any financial penalties for breaking the lease.. if it got that far.

Good luck

Answer 9

Landlords have the legal responsibilities to keep their buildings habitable.I would try to have them resolve the mold issue first, before you move, especially if you like your apartment. Keep copies for yourself of all correspondence and make sure they are dated. The shrewed landlords will try to avoid repairs and upkeep to save a dollar.
I've been in my apartment almost 10 years. Guess I like the place.Anyways, I've got a cheap landlord, but he knows that the tenents are aware of the housing laws and how to use them. He doesn't get away with too much. Nice guy, but cheap.

Answer 10

How serious are you? That's my question to you. Are you willing to invest in yourself and family to break this lease?
Contact your landlord and seek legal advice.

John Lopez
[e-mail]
313-258-1001
www.CurbSideInfo.com