How canI legally break a lease and not have itnegatively affect my credit?
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How canI legally break a lease and not have itnegatively affect my credit?
I have mold growing in my apartment due to a leaky pipe. They have tried to service this pipe three time already to no avail. There is visible mold growth on my 2 year old daughter’s toys, our clothes, etc. The first apartment I had with them had scorpions. I just want to move out to a safer and more sanitary environment for the sake of my child.
Asked on June 28, 2011 under Real Estate Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes.
Since you have notified the landlord and the landlord has not been able to repair the problem within a reasonable time, you could claim that the mold is a breach of the implied warranty of habitability and constitutes a health and safety issue for you and your daughter.
When there is a breach of the implied warranty of habitability, the tenant can either move out and terminate the obligation to pay rent for the balance of the term or the tenant can make the repairs and deduct the cost from the rent or if the tenant decides to stay on the premises without making repairs, the tenant can withhold rent and defend against eviction.
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