Is there a way I may break a lease due to medical reason with legal medical documentation?

Asked almost 2 years ago - Carbondale, IL

I have a mouse in my apartment. I understand mice try to find warmth when the cold breaks. I am allergic to mice hair, I have one mouse in my home. My landlord did not set traps. Due to my allergies I called Orkin to take care of the issue but the mouse was able to get out of the glue traps that were set. That service was $127. The mouse is still in my home and I am swelling in the face and my body is truning red with hives. I asked my lanlord if I could move to another apartment they said they don't have any available units, which is understandable, but they continue to stress mice are looking for warmth over looking my medical issue. If i can find a way to get out of this lease and find another apartment that would be perfect. Due to this issue I have misse work and school.

Attorney answers (2)

  1. David Lyon Yanoff

    Contributor Level 9


    Lawyers agree

    Answered . You may want to put your health ahead of other considerations. If you move out and stop paying rent the landlord may or may not sue you; and if he sues you he may or may not win. But--according to your statement--if you stay in the apartment you will continue to get sick and miss work.

  2. Robert Jeffrey Long


    Contributor Level 14

    Answered . Have you tried simply asking the landlord to cancel the lease effective at some near future date? While I understand that you may be peculiarly sensitive to mice, one mouse is not going to constitute an adequate infestation of vermin to allow you to cancel the lease without running the risk of being sued. However, the rental climate is pretty good for landlords right now and you could be seen by yours as a problem case. Landlords often walk away from problem cases that require too much time, effort or money to resolve. Good luck.

    Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-... more

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