How to break an apartment lease due to mold

When you have a mould problem in an apartment, it may be unhealthy for you to continue to live there. If you've made the difficult decision to move out to get away from the mould, you must notify your landlord of your intent to break the apartment lease. When doing so, keep a few important things in mind.

Document the contact you have with your apartment management representatives. Write down the dates and times you have informed them of the mould problem, what their responses were, the dates and times they came to look at the mould, and anything they did or didn't do to fix the problem. Documenting the problem provides you with a point of reference when you write your letter to break your lease agreement. If your apartment management representatives have known about the mould problem for a few weeks or months, you have a larger leg to stand on to break your apartment lease than if you have only given them a few days to fix the problem.

Read your lease agreement and try to find any clause in your contract that provides you with an easy way to break the lease based on the mould in your apartment. For example, your lease may state that the landlord agrees to provide a healthy place for you to live. If this is the case, you can argue that the mould creates an unhealthy atmosphere. If a landlord breaks his end of the agreement, you legally can break yours.

Have the health department look at the mould in your apartment. Call the health department in your county and tell a representative about the mould in your apartment. Tell her how long the mould has been there and when you notified your landlord about the problem. Documenting the issue with a phone call to the health department helps your cause. Getting someone to come out and look at the matter can help even more. When the health department representative views your mould in person, have the inspector write a report that says your apartment is uninhabitable due to the mould.

Write a letter to your apartment manager, indicating that you are breaking your lease due to mould. Place today's date at the top of the letter along with your name, address, and phone number, and the name, title, and address of your apartment manager. The first line of your letter should indicate who you are, where you live, and how long you have lived in the apartment. The second sentence should state that you are writing the letter to inform the complex of the date that you will be moving out of the apartment. Be very specific in the date that you are moving out, so there is no doubt about your intention. Next, state how long that the apartment management representatives have known about the mould problem in your apartment and that the problem is still not fixed. State that the health department has indicated that the apartment is not healthy to live in due to the problem. State that this is in direct violation of your lease agreement and indicate the exact clause of your lease that the mould issue violates. Sign your letter.

Deliver your letter to your apartment management representative. Hand the letter directly to the manager, if possible. If not, make sure it gets into the hands of someone who works for the apartment management.

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