Can I get out of my lease because of mold?

Asked over 3 years ago - Pullman, WA

Hi- I am 5 months pregnant, and have just found a good sized amount of black mold growing in my apartment after my toilet abruptly started leaking. This is not only dangerous to myself, but also my baby. When I brought up the problem to my manager- she replied that I have made a mistake, and maintenance will test for it. They promptly showed up at my apartment when I was not there, and rather then testing it. cleaned it all off. I need to get out of my lease, but don't know how to fight them on this. The apartment was filthy when I arrived as it was... and I can't stay here any longer.

Attorney answers (1)

  1. Robert M Dunphy

    Contributor Level 11

    Answered . See RCW 59.18.07 and 59.18.090. If you give written notice to the landlord and he or she fails to remedy within a certain time, then you can move out and terminate the lease. If the landlord has fixed the problem already, then your choices are a bit more limited. RCW 59.18.120 says that you can terminate the tenancy if you convince an arbitrator that the mold problem is too severe to remedy. Either way though, you are going to have to show that the mold is still a problem before you can use it as an excuse to break the lease.

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