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Samuel Mecum’s Answers

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  • We are moving january 1 2013 and our 60 day notice goes to january 31 2013. We have a bad mold issue how can we get out of lease

    we had a previous issue with mold and they replaced windows, but the mold has returned in the walls, out children have been having a lot of infections lately. we dont want to go to court, we just want to not have to pay our last months rent for ja...

    Samuel’s Answer

    To answer your question, I would have to know certain additional things. Did the landlord ever offer, or attempt to do anything to correct the mold issue other than replace the windows? How and when did you notify the landord about the return of the mold problem? Do you have any reports from Doctors or mold experts, who would say that the mold is the cause of your childrens' ailments? Generally, landlords do not like to fight about mold issues and will possibly not file suit for the last two month's rent, if you move out early. You would not likely get your security deposit back, but I do not interpret your question as expressing concern about that. I would argue on your behalf that the mold is severe enough to cause any reasonable person to conclude that the premises are not habitable and that this represents a breach of the implied warranty of habitability. Frankly, if it is very important to you to get out of there, I would suggest writing to the Landlord in advance explaining exactly why you are leaving and that you believe that you are not obligated to pay January's and February's rent. You have apparently already made plans to vacate by January 1, 2013. If they sue you, they sue you, but they may just let it go.

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